Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 44 (2025GS)

Sponsor

Sen. Vickers, Evan J.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• standardizes the requirements for a criminal background check for licensure in certain professions;
• clarifies the circumstances under which the Division of Professional Licensing (division) revokes a license, as that revocation applies to a criminal background check;
• renames the Physicians Education Fund to the Physicians Education and Enforcement Fund (fund);
• authorizes the director of the division to make distributions from the fund under certain circumstances;
• requires that the division deposit administrative penalties imposed for unprofessional or unlawful conduct into the fund; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

81
58-1-301.5
58-5a-302
58-16a-302
58-17b-303
58-17b-304
58-17b-305
58-17b-306
58-17b-307
58-24b-302
58-24b-302.1
58-31b-302
58-42a-302
58-42a-302.1
58-44a-302
58-44a-302.1
58-47b-302
58-47b-302.1
58-55-302
58-55-302.1
58-60-103.1
58-60-205
58-60-305
58-60-405
58-60-506
58-61-304
58-61-304.1
58-63-302
58-63-302.1
58-64-302
58-64-302.1
58-67-302
58-67-302.1
58-67-503
58-67a-1
58-68-302
58-68-302.1
58-68-503
58-69-302
58-70a-301.1
58-70a-302
58-70b-302
58-71-302
58-71-402
58-73-302
Professional Licensure Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: A. Cory Maloy
LONG TITLE
General Description:
This bill amends provisions related to professional licensure.
Highlighted Provisions:
This bill:
defines terms;
standardizes the requirements for a criminal background check for licensure in certain 
professions;
clarifies the circumstances under which the Division of Professional Licensing (division) 
revokes a license, as that revocation applies to a criminal background check;
renames the Physicians Education Fund to the Physicians Education and Enforcement 
Fund (fund);
authorizes the director of the division to make distributions from the fund under certain 
circumstances;
requires that the division deposit administrative penalties imposed for unprofessional or 
unlawful conduct into the fund; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-1-301.5
, as last amended by Laws of Utah 2024, Chapter 420
58-5a-302
, as last amended by Laws of Utah 2020, Chapter 339
58-16a-302
, as last amended by Laws of Utah 2022, Chapter 415
58-17b-303
, as last amended by Laws of Utah 2020, Chapter 339
58-17b-304
, as last amended by Laws of Utah 2020, Chapter 339
58-17b-305
, as last amended by Laws of Utah 2020, Chapter 339
58-17b-306
, as last amended by Laws of Utah 2024, Chapter 210
58-24b-302
, as last amended by Laws of Utah 2020, Chapter 339
58-31b-302
, as last amended by Laws of Utah 2023, Chapters 223, 284
58-42a-302
, as last amended by Laws of Utah 2022, Chapter 221
58-44a-302
, as last amended by Laws of Utah 2022, Chapters 415, 438
58-47b-302
, as last amended by Laws of Utah 2024, Chapter 137
58-55-302
, as last amended by Laws of Utah 2024, Chapter 507
58-60-205
, as last amended by Laws of Utah 2024, Chapters 103, 420
58-60-305
, as last amended by Laws of Utah 2024, Chapter 420
58-60-405
, as last amended by Laws of Utah 2024, Chapter 420
58-60-506
, as last amended by Laws of Utah 2024, Chapter 420
58-61-304
, as last amended by Laws of Utah 2024, Chapter 420
58-63-302
, as last amended by Laws of Utah 2023, Chapter 223
58-64-302
, as last amended by Laws of Utah 2023, Chapter 223
58-67-302
, as last amended by Laws of Utah 2023, Chapter 329
58-67-503
, as last amended by Laws of Utah 2022, Chapter 415
58-67a-1
, as last amended by Laws of Utah 2013, Chapter 400
58-68-302
, as last amended by Laws of Utah 2023, Chapter 329
58-68-503
, as last amended by Laws of Utah 2022, Chapter 415
58-69-302
, as last amended by Laws of Utah 2020, Chapter 339
58-70a-302
, as last amended by Laws of Utah 2023, Chapter 222
58-70b-302
, as last amended by Laws of Utah 2023, Chapter 139
58-71-302
, as last amended by Laws of Utah 2023, Chapter 249
58-71-402
, as last amended by Laws of Utah 2022, Chapter 415
58-73-302
, as last amended by Laws of Utah 2022, Chapter 415
REPEALS:
58-17b-307
, as last amended by Laws of Utah 2023, Chapter 223
58-24b-302.1
, as enacted by Laws of Utah 2018, Chapter 318
58-42a-302.1
, as enacted by Laws of Utah 2022, Chapter 221
58-44a-302.1
, as enacted by Laws of Utah 2022, Chapter 438
58-47b-302.1
, as enacted by Laws of Utah 2023, Chapter 225
58-55-302.1
, as enacted by Laws of Utah 2023, Chapter 223
58-60-103.1
, as last amended by Laws of Utah 2024, Chapters 103, 420
58-61-304.1
, as last amended by Laws of Utah 2024, Chapter 420
58-63-302.1
, as enacted by Laws of Utah 2023, Chapter 223
58-64-302.1
, as enacted by Laws of Utah 2023, Chapter 223
58-67-302.1
, as enacted by Laws of Utah 2018, Chapter 318
58-68-302.1
, as enacted by Laws of Utah 2018, Chapter 318
58-70a-301.1
, as enacted by Laws of Utah 2023, Chapter 222
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
58-1-301.5
 is amended to read:
58-1-301.5. Division access to Bureau of Criminal Identification records -- 
Criminal background check requirement.
(1)
As used in this section, "applicant" means an individual applying for licensure or 
certification, or with respect to a license or certification, applying for renewal, 
reinstatement, or relicensure or recertification, as required in:
(a)
Section 
58-5a-302
;
(b)
Section 
58-16a-302
;
(c)
Section 
58-17b-303
;
(d)
Section 
58-17b-304
;
(e)
Section 
58-17b-305
;
(f)
Section 
58-17b-306
;
(g)
Section 
58-24b-302
;
(h)
Section 
58-31b-302
;
(i)
Section 
58-42a-302
;
(j)
Section 
58-44a-302
;
(k)
Section 
58-47b-302
;
(l)
Section 
58-55-302
;
(m)
Section 
58-60-205
;
(n)
Section 
58-60-305
;
(o)
Section 
58-60-405
;
(p)
Section 
58-60-506
;
(q)
Section 
58-61-304
;
(r)
Section 
58-63-302
;
(s)
Section 
58-64-302
;
(t)
Section 
58-67-302
;
(u)
Section 
58-68-302
;
(v)
Section 
58-69-302
;
(w)
Section 
58-70a-302
;
(x)
Section 
58-70b-302
;
(y)
Section 
58-71-302
; or
(z)
Section 
58-73-302
.
(1)
(2)
The division shall have direct access to local files maintained by the Bureau of 
Criminal Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal 
Identification, for background screening of 
individuals who are applying for licensure 
or certification, or with respect to a license or certification, renewal, reinstatement, or 
relicensure or recertification, as required in:
an applicant.
(a)
Sections 
58-17b-306
 and 
58-17b-307
;
(b)
Sections 
58-24b-302
 and 
58-24b-302.1
;
(c)
Section 
58-31b-302
;
(d)
Sections 
58-42a-302
 and 
58-42a-302.1
, of Chapter 42a, Occupational Therapy 
Practice Act;
(e)
Section 
58-44a-302.1
;
(f)
Sections 
58-47b-302
 and 
58-47b-302.1
;
(g)
Section 
58-55-302
, as Section 
58-55-302
 applies to alarm companies and alarm 
company agents, and Section 
58-55-302.1
;
(h)
Sections 
58-60-103.1
, 
58-60-205
, 
58-60-305
, 
58-60-405
, and 
58-60-506
 of Chapter 
60, Mental Health Professional Practice Act;
(i)
Sections 
58-61-304
 and 
58-61-304.1
;
(j)
Sections 
58-63-302
 and 
58-63-302.1
;
(k)
Sections 
58-64-302
 and 
58-64-302.1
;
(l)
Sections 
58-67-302
 and 
58-67-302.1
;
(m)
Sections 
58-68-302
 and 
58-68-302.1
; and
(n)
Sections 
58-70a-301.1
 and 
58-70a-302
, of Chapter 70a, Utah Physician Assistant 
Act.
(2)
(3)
The division's access to criminal background information under this section:
(a)
shall meet the requirements of Section 
53-10-108
; and
(b)
includes
:
(i)
convictions, pleas of nolo contendere, pleas of guilty or nolo contendere held in 
abeyance, dismissed charges, and charges without a known disposition
; and
(ii)
criminal background information maintained under Title 53, Chapter 10, Part 2, 
Bureau of Criminal Identification
.
(3)
(4)
The division may not disseminate outside of the division any criminal history 
record information that the division obtains from the Bureau of Criminal Identification 
or the Federal Bureau of Investigation under the criminal background check 
requirements of this section.
(5)
To fulfill an applicable criminal background check requirement, an applicant shall:
(a)
submit fingerprints in a form acceptable to the division at the time the applicant files 
a license application; and
(b)
consent to a fingerprint background check conducted by the Bureau of Criminal 
Identification and the Federal Bureau of Investigation regarding the application.
(6)
(a)
Upon receiving fingerprints from an applicant in accordance with Subsection (5), 
the division shall:
(i)
collect from each applicant submitting fingerprints in accordance with this section:
(A)
the fee that the Bureau of Criminal Identification is authorized to collect for 
the services provided under Section 
53-10-108
; and
(B)
the fee charged by the Federal Bureau of Investigation for fingerprint 
processing for the purpose of obtaining federal criminal history record 
information;
(ii)
submit from each applicant the fingerprints and the fees described in Subsection 
(6)(a)(i) to the Bureau of Criminal Identification; and
(iii)
obtain and retain in division records a signed waiver approved by the Bureau of 
Criminal Identification in accordance with Section 
53-10-108
 for each applicant.
(b)
The fees described in Subsection (6)(a)(i) are in addition to other fees authorized by 
this chapter.
(7)
In accordance with the requirements of Section 
53-10-108
, the Bureau of Criminal 
Identification shall:
(a)
check the fingerprints submitted under Subsection (5)(a) against the applicable state 
and regional criminal records databases;
(b)
forward the fingerprints to the Federal Bureau of Investigation for a national criminal 
history background check; and
(c)
provide the results from the state, regional, and nationwide criminal history 
background checks to the division.
(8)
(a)
Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the 
criminal background check required under this section demonstrates, after the 
applicant is licensed, that the applicant failed to accurately disclose a criminal 
history, the division may provide notice to the applicant that the license is 
immediately and automatically revoked.
(b)
An individual whose license has been revoked in accordance with Subsection (8)(a) 
is entitled to a hearing to challenge the revocation.
(c)
The division shall conduct the hearing described in this Subsection (8) in accordance 
with Title 63G, Chapter 4, Administrative Procedures Act.
Section 2, Section 
58-5a-302
 is amended to read:
58-5a-302. Qualifications to practice podiatry.
An applicant for licensure to practice podiatry shall:
(1)
submit an application in a form 
as prescribed by 
the division
 approves
;
(2)
pay a fee as determined by the department under Section 
63J-1-504
;
(3)
provide satisfactory documentation of having successfully completed a program of 
professional education preparing an individual as a podiatric physician, as evidenced by 
having received an earned degree of doctor of podiatric medicine from a podiatry school 
or college accredited by the Council on Podiatric Medical Education;
(4)
if licensed on or after July 1, 2015, satisfy the division and board that the applicant:
(a)
has successfully completed 24 months of resident training in a program approved by 
the Council on Podiatric Medical Education; or
(b)
(i)
has successfully completed 12 months of resident training in a program 
approved by the Council on Podiatric Medical Education after receiving a degree 
of doctor of podiatric medicine as required under Subsection 
(3)
;
(ii)
has been accepted in, and is successfully participating in, progressive resident 
training in a Council on Podiatric Medical Education approved program within 
Utah, in the applicant's second or third year of postgraduate training; and
(iii)
has agreed to surrender to the division the applicant's license as a podiatric 
physician without any proceedings under 
Title 63G, Chapter 4, Administrative 
Procedures Act
, and has agreed the applicant's license as a podiatric physician will 
be automatically revoked by the division if the applicant fails to continue in good 
standing in a Council on Podiatric Medical Education approved progressive 
resident training program within the state;
 and
(5)
pass examinations required by rule
.
; and
(6)
(a)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(b)
meet any other standard related to the criminal background check described in 
Subsection 
(6)(a)
, that the division establishes by rule in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act; and
(c)
disclose any criminal history the division requests on a form the division approves.
Section 3, Section 
58-16a-302
 is amended to read:
58-16a-302. Qualifications for licensure.
An applicant for licensure as an optometrist shall:
(1)
submit an application in a form 
prescribed by 
the division
 approves
;
(2)
pay a fee as determined by the division under Section 
63J-1-504
;
(3)
(a)
(a)
(i)
be a doctoral graduate of a recognized school of optometry accredited 
by the American Optometric Association's Accreditation Council on Optometric 
Education; or
(b)
(ii)
be a graduate of a school of optometry located outside the United States that 
meets the criteria that would qualify the school for accreditation under Subsection 
(3)(a)
, as demonstrated by the applicant for licensure;
 or
(4)
(b)
if the applicant graduated from a recognized school of optometry 
prior to
before
July 1, 1996, have successfully completed a course of study satisfactory to the 
division, in consultation with the board, in general and ocular pharmacology and 
emergency medical care;
(5)
(4)
have passed examinations 
approved by 
the division
,
 in consultation with the board
, 
approves and
 that include:
(a)
a standardized national optometry examination;
(b)
a standardized clinical examination; and
(c)
a standardized national therapeutics examination;
 and
(6)
(5)
meet with the board and representatives of the division, if requested by either party, 
for the purpose of evaluating the applicant's qualifications for licensure
.
; and
(6)
(a)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(b)
meet any other standard related to the criminal background check described in 
Subsection (6)(a), that the division establishes by rule in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act; and
(c)
disclose any criminal history the division requests on a form the division approves.
Section 4, Section 
58-17b-303
 is amended to read:
58-17b-303. Qualifications for licensure as a pharmacist.
(1)
An applicant for licensure as a pharmacist shall:
(a)
submit an application in a form 
prescribed by 
the division
 approves
;
(b)
pay a fee as determined by the department under Section 
63J-1-504
;
(c)
complete a criminal background check and be free from criminal convictions as 
described in Section 
58-1-501
;
(c)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (1)(c)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves;
(d)
have no physical or mental condition of a nature 
which
that
 prevents the applicant 
from engaging in the practice of pharmacy with reasonable skill, competency, and 
safety to the public;
(e)
have graduated and received a professional entry degree from a school or college of 
pharmacy which is accredited by the Accreditation Council on Pharmacy Education;
(f)
have completed an internship meeting standards established by division rule made in 
collaboration with the board; and
(g)
have successfully passed examinations required by division rule made in 
collaboration with the board.
(2)
An applicant for licensure as a pharmacist whose pharmacy education was completed at 
a foreign pharmacy school shall, in addition to the requirements under Subsections 
(1)(a)
through 
(d)
, 
(f)
, and 
(g)
, obtain a certification of equivalency from a credentialing 
agency required by division rule made in collaboration with the board.
(3)
An applicant for a license by endorsement as a pharmacist under this section shall:
(a)
submit a written application in the form prescribed by the division;
(b)
pay the fee determined by the department under Section 
63J-1-504
;
(c)
complete a criminal background check and be free from criminal convictions as 
described in Section 
58-1-501
;
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (3)(c)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves;
(d)
have no physical or mental condition of a nature which prevents the applicant from 
engaging in the practice of pharmacy with reasonable skill, competency, and safety to 
the public;
(e)
have lawfully practiced as a licensed pharmacist a minimum of 2,000 hours in the 
four years immediately preceding the date of application;
(f)
produce satisfactory evidence of completing the professional education required 
under Subsection 
(1)
;
(g)
be currently licensed in good standing as a pharmacist in another state, territory, or 
possession of the United States;
(h)
produce satisfactory evidence that the examination requirements are or were at the 
time the license was issued, equal to those of this state; and
(i)
pass the jurisprudence examination prescribed by division rule made in collaboration 
with the board.
Section 5, Section 
58-17b-304
 is amended to read:
58-17b-304. Qualifications for licensure of pharmacy intern.
An applicant for licensure as a pharmacy intern shall:
(1)
submit an application in a form
 prescribed by
 the division
 approves
;
(2)
pay a fee determined by the department under Section 
63J-1-504
;
(3)
complete a criminal background check and be free from criminal convictions as 
described in Section 
58-1-501
;
(3)
(a)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(b)
meet any other standard related to the criminal background check described in 
Subsection (3)(a), that the division establishes by rule in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act; and
(c)
disclose any criminal history the division requests on a form the division approves;
(4)
have no physical or mental condition of a nature 
which
that
 prevents the applicant from 
engaging in the practice of pharmacy with reasonable skill, competency, and safety to 
the public;
(5)
meet the preliminary educational qualifications required by division rule made in 
collaboration with the board; and
(6)
meet one of the following educational criteria:
(a)
be a current pharmacy student, a resident, or fellow in a program approved by 
division rule made in collaboration with the board; or
(b)
have graduated from a foreign pharmacy school and received certification of 
equivalency from a credentialing agency approved by division rule made in 
collaboration with the board.
Section 6, Section 
58-17b-305
 is amended to read:
58-17b-305. Qualifications for licensure of pharmacy technician.
(1)
An applicant for licensure as a pharmacy technician shall:
(a)
submit an application in a form 
prescribed by 
the division
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
complete a criminal background check and be free from criminal convictions as 
described in Section 
58-1-501
;
(c)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (1)(c)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves;
(d)
have no physical or mental condition of a nature 
which
that
 prevents the applicant 
from engaging in practice as a pharmacy technician with reasonable skill, 
competency, and safety to the public;
(e)
have completed a program and curriculum of education and training, meeting 
standards established by division rule made in collaboration with the board; and
(f)
successfully complete the examinations requirement within the time periods 
established by division rule made in collaboration with the board.
(2)
A pharmacist whose license has been denied, revoked, suspended, or restricted for 
disciplinary purposes is not eligible to be a licensed pharmacy technician while on 
probation with the division.
Section 7, Section 
58-17b-306
 is amended to read:
58-17b-306. Qualifications for licensure as a pharmacy.
(1)
Each applicant for licensure under this section, except for those applying for a class D 
license, shall:
(a)
submit a written application in the form
 prescribed by
 the division
 approves
;
(b)
pay a fee as determined by the department under Section 
63J-1-504
;
(c)
satisfy the division that the applicant, and each owner, officer, or manager of the 
applicant
 have
, has
 not engaged in any act, practice, or omission, which when 
considered with the duties and responsibilities of a licensee under this section 
indicates there is cause to believe that issuing a license to the applicant is inconsistent 
with the interest of the public's health, safety, or welfare;
(d)
demonstrate the licensee's operations will be in accordance with all federal, state, and 
local laws relating to the type of activity engaged in by the licensee, including 
regulations of the Federal Drug Enforcement Administration and Food and Drug 
Administration;
(e)
maintain operating standards established by division rule made in collaboration with 
the board and in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act;
(f)
(i)
for each pharmacy license, ensure that the 
pharmacist in charge
pharmacist-in-charge
, as defined by the division
, submits fingerprint cards and 
consents to a fingerprint background check in accordance with Section 
58-17b-307
 consents to, and completes, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meets any other standard related to the criminal background check described in 
Subsection 
(1)(f)(i)
, that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
discloses any criminal history the division requests on a form the division 
approves
; and
(g)
acknowledge the division's authority to inspect the licensee's business premises 
pursuant to Section 
58-17b-103
.
(2)
Each applicant applying for a class D license shall:
(a)
submit a written application in the form
 prescribed by
 the division
 approves
;
(b)
pay a fee as determined by the department under Section 
63J-1-504
;
(c)
present to the division verification of licensure in the state where physically located 
and verification that such license is in good standing;
(d)
satisfy the division that the applicant and each of the applicant's pharmacy managers 
has not engaged in any act, practice, or omission, which when considered with the 
duties and responsibilities of a licensee under this section, indicates there is cause to 
believe that issuing a license to the applicant is inconsistent with the interest of the 
public's health, safety, or welfare;
(e)
for each pharmacy manager
, submit fingerprint cards and consent to a fingerprint 
background check in accordance with Section 
58-17b-307
;
:
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (2)(e)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves;
(f)
provide a statement of the scope of pharmacy services that will be provided and a 
detailed description of the protocol as described by rule by which pharmacy care will 
be provided, including any collaborative practice arrangements with other health care 
practitioners;
(g)
sign an affidavit attesting that any healthcare practitioners employed by the applicant 
and physically located in Utah have the appropriate license issued by the division and 
in good standing;
(h)
sign an affidavit attesting that the applicant will abide by the pharmacy laws and 
regulations of the jurisdiction in which the pharmacy is located; and
(i)
if an applicant engages in compounding, submit the most recent inspection report:
(i)
conducted within two years before the application for licensure; and
(ii)
(A)
conducted as part of the National Association of Boards of Pharmacy 
Verified Pharmacy Program; or
(B)
performed by the state licensing agency of the state in which the applicant is a 
resident and in accordance with the National Association of Boards of 
Pharmacy multistate inspection blueprint program.
(3)
(a)
Each license issued under this section shall be associated with a single, specific 
address.
(b)
By rule made in collaboration with the board and in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act, the division shall allow a licensee 
to update, by request to the division, the address associated with the licensee under 
Subsection (3)(a), to a new address if the licensee requests the change of address at 
least 90 days before the day on which the licensee begins operating at the new 
address.
Section 8, Section 
58-24b-302
 is amended to read:
58-24b-302. Licensure.
(1)
An applicant for a license as a physical therapist shall:
(a)
complete the application process, including payment of fees;
(b)
submit proof of graduation from a professional physical therapist education program 
that is accredited by a recognized accreditation agency;
(c)
pass a licensing examination:
(i)
after complying with Subsection 
(1)(b)
; or
(ii)
if the applicant is in the final term of a professional physical therapist education 
program that is accredited by a recognized accreditation agency;
(d)
be able to read, write, speak, understand, and be understood in the English language 
and demonstrate proficiency to the satisfaction of the board if requested by the board;
(e)
(i)
consent to a criminal background check in accordance with Section 
58-24b-302.1
 and any requirements established by rule made in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
consent to, and 
complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection 
(1)(e)(i)
, that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves
; and
(f)
meet any other requirements established by the division, by rule made in accordance 
with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(2)
An applicant for a license as a physical therapist assistant shall:
(a)
complete the application process, including payment of fees set by the division, in 
accordance with Section 
63J-1-504
, to recover the costs of administering the 
licensing requirements relating to physical therapist assistants;
(b)
submit proof of graduation from a physical therapist assistant education program that 
is accredited by a recognized accreditation agency;
(c)
pass a licensing examination approved by division rule made in collaboration with 
the board and in accordance with 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
:
(i)
after the applicant complies with Subsection 
(2)(b)
; or
(ii)
if the applicant is in the final term of a physical therapist assistant education 
program that is accredited by a recognized accreditation agency;
(d)
be able to read, write, speak, understand, and be understood in the English language 
and demonstrate proficiency to the satisfaction of the board if requested by the board;
(e)
(i)
submit to, and pass, a criminal background check, in accordance with Section 
58-24b-302.1
 and standards established by rule made in accordance with 
Title 
63G, Chapter 3, Utah Administrative Rulemaking Act
consent to, and complete, a 
criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (2)(e)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves
; and
(f)
meet any other requirements established by the division, by rule made in accordance 
with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(3)
An applicant for a license as a physical therapist who is educated outside of the United 
States shall:
(a)
complete the application process, including payment of fees;
(b)
(i)
provide satisfactory evidence that the applicant graduated from a professional 
physical therapist education program that is accredited by a recognized 
accreditation agency; or
(ii)
(A)
provide satisfactory evidence that the applicant graduated from a physical 
therapist education program that prepares the applicant to engage in the 
practice of physical therapy, without restriction;
(B)
provide satisfactory evidence that the education program described in 
Subsection 
(3)(b)(ii)(A)
 is recognized by the government entity responsible for 
recognizing a physical therapist education program in the country where the 
program is located; and
(C)
pass a credential evaluation to ensure that the applicant has satisfied uniform 
educational requirements;
(c)
after complying with Subsection 
(3)(b)
, pass a licensing examination;
(d)
be able to read, write, speak, understand, and be understood in the English language 
and demonstrate proficiency to the satisfaction of the board if requested by the board;
(e)
(i)
consent to a criminal background check in accordance with Section 
58-24b-302.1
 and any requirements established by rule made in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
consent to, and 
complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection 
(3)(e)(i)
, that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves
; and
(f)
meet any other requirements established by the division, by rule made in accordance 
with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(4)
The division shall issue a license to 
a person
an individual
 who holds a current 
unrestricted license to practice physical therapy in a state, district, or territory of the 
United States of America, other than Utah, if the 
person
individual
:
(a)
completes the application process, including payment of fees;
(b)
is able to read, write, speak, understand, and be understood in the English language 
and demonstrate proficiency to the satisfaction of the board if requested by the board;
(c)
consents to a criminal background check in accordance with Section 
58-24b-302.1
and any requirements established by rule made in accordance with 
Title 63G, Chapter 
3, Utah Administrative Rulemaking Act
; and
(c)
(i)
consents to, and completes, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meets any other standard related to the criminal background check described in 
Subsection (4)(c)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
discloses any criminal history the division requests on a form the division 
approves; and
(d)
meets any other requirements established by the division, by rule made in accordance 
with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(5)
(a)
Notwithstanding Subsection 
58-1-307(1)(c)
, an individual may not engage in an 
internship in physical therapy, unless the 
person
individual
 is:
(i)
certified by the division; or
(ii)
exempt from licensure under Section 
58-24b-304
.
(b)
The provisions of Subsection 
(5)(a)
 apply, regardless of whether the individual is 
participating in the supervised clinical training program for the purpose of becoming 
a physical therapist or a physical therapist assistant.
Section 9, Section 
58-31b-302
 is amended to read:
58-31b-302. Qualifications for licensure or certification -- Criminal background 
checks.
(1)
An applicant for certification as a medication aide shall:
(a)
submit an application to the division on a form 
prescribed by 
the division
 approves
;
(b)
pay a fee to the division as determined under Section 
63J-1-504
;
(c)
have a high school diploma or its equivalent;
(d)
have a current certification as a nurse aide, in good standing, from the Department of 
Health and Human Services;
(e)
have a minimum of 2,000 hours of experience within the two years 
prior to
before
application, working as a certified nurse aide in a long-term care facility or another 
health care facility that is designated by the division in collaboration with the board;
(f)
obtain letters of recommendation from a health care facility administrator and one 
licensed nurse familiar with the applicant's work practices as a certified nurse aide;
(g)
be in a condition of physical and mental health that will permit the applicant to 
practice safely as a medication aide certified;
(h)
have completed an approved education program or an equivalent as determined by 
the division in collaboration with the board;
(i)
have passed the examinations as required by division rule made in collaboration with 
the board; and
(j)
meet with the board, if requested, to determine the applicant's qualifications for 
certification.
(2)
An applicant for licensure as a licensed practical nurse shall:
(a)
submit to the division an application in a form 
prescribed by 
the division
 approves
;
(b)
pay to the division a fee determined under Section 
63J-1-504
;
(c)
have a high school diploma or its equivalent;
(d)
be in a condition of physical and mental health that will permit the applicant to 
practice safely as a licensed practical nurse;
(e)
have completed an approved practical nursing education program or an equivalent as 
determined by the board;
(f)
have passed the examinations as required by division rule made in collaboration with 
the board; and
(g)
meet with the board, if requested, to determine the applicant's qualifications for 
licensure.
(3)
An applicant for a registered nurse apprentice license shall:
(a)
submit to the division an application form 
prescribed by 
the division
 approves
;
(b)
pay to the division a fee determined under Section 
63J-1-504
;
(c)
have a high school diploma or its equivalent;
(d)
be in a condition of physical and mental health that will allow the applicant to 
practice safely as a registered nurse apprentice;
(e)
as determined by an approved registered nursing education program, be:
(i)
in good standing with the program; and
(ii)
in the last semester, quarter, or competency experience;
(f)
have written permission from the program in which the applicant is enrolled; and
(g)
meet with the board, if requested, to determine the applicant's qualifications for 
licensure.
(4)
An applicant for licensure as a registered nurse shall:
(a)
submit to the division an application form 
prescribed by 
the division
 approves
;
(b)
pay to the division a fee determined under Section 
63J-1-504
;
(c)
have a high school diploma or its equivalent;
(d)
be in a condition of physical and mental health that will allow the applicant to 
practice safely as a registered nurse;
(e)
have completed an approved registered nursing education program;
(f)
have passed the examinations as required by division rule made in collaboration with 
the board; and
(g)
meet with the board, if requested, to determine the applicant's qualifications for 
licensure.
(5)
Applicants 
An applicant 
for licensure as an advanced practice registered nurse shall:
(a)
submit to the division an application on a form 
prescribed by 
the division
 approves
;
(b)
pay to the division a fee determined under Section 
63J-1-504
;
(c)
be in a condition of physical and mental health 
which will allow
that allows
 the 
applicant to practice safely as an advanced practice registered nurse;
(d)
hold a current registered nurse license in good standing issued by the state or be 
qualified at the time for licensure as a registered nurse;
(e)
(i)
have earned a graduate degree in:
(A)
an advanced practice registered nurse nursing education program; or
(B)
a related area of specialized knowledge as determined appropriate by the 
division in collaboration with the board; or
(ii)
have completed a nurse anesthesia program in accordance with Subsection 
(5)(f)(ii)
;
(f)
have completed:
(i)
course work in patient assessment, diagnosis and treatment, and 
pharmacotherapeutics from an education program approved by the division in 
collaboration with the board; or
(ii)
a nurse anesthesia program which is approved by the Council on Accreditation of 
Nurse Anesthesia Educational Programs;
(g)
to practice within the psychiatric mental health nursing specialty, demonstrate, as 
described in division rule, that the applicant, after completion of a doctorate or 
master's degree required for licensure, is in the process of completing the applicant's 
clinical practice requirements in psychiatric mental health nursing, including in 
psychotherapy;
(h)
have passed the examinations as required by division rule made in collaboration with 
the board;
(i)
be currently certified by a program approved by the division in collaboration with the 
board and submit evidence satisfactory to the division of the certification; and
(j)
meet with the board, if requested, to determine the applicant's qualifications for 
licensure.
(6)
For each
Each
 applicant for licensure or certification under this chapter
,
 except an 
applicant under Subsection 
58-31b-301(2)(b)
, shall
:
(a)
the applicant shall:
(i)
submit fingerprint cards in a form acceptable to the division at the time the 
application is filed; and
(ii)
consent to a fingerprint background check conducted by the Bureau of Criminal 
Identification and the Federal Bureau of Investigation regarding the application;
(b)
the division shall:
(i)
in addition to other fees authorized by this chapter, collect from each applicant 
submitting fingerprints in accordance with this section the fee that the Bureau of 
Criminal Identification is authorized to collect for the services provided under 
Section 
53-10-108
 and the fee charged by the Federal Bureau of Investigation for 
fingerprint processing for the purpose of obtaining federal criminal history record 
information;
(ii)
submit from each applicant the fingerprint card and the fees described in this 
Subsection 
(6)(b)
 to the Bureau of Criminal Identification; and
(iii)
obtain and retain in division records a signed waiver approved by the Bureau of 
Criminal Identification in accordance with Section 
53-10-108
 for each applicant; 
and
(c)
the Bureau of Criminal Identification shall, in accordance with the requirements of 
Section 
53-10-108
:
(i)
check the fingerprints submitted under Subsection 
(6)(b)
 against the applicable 
state and regional criminal records databases;
(ii)
forward the fingerprints to the Federal Bureau of Investigation for a national 
criminal history background check; and
(iii)
provide the results from the state, regional, and nationwide criminal history 
background checks to the division.
(a)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(b)
meet any other standard related to the criminal background check described in 
Subsection (6)(a), that the division establishes by rule in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act; and
(c)
disclose any criminal history the division requests on a form the division approves.
(7)
For purposes of conducting the criminal background checks required in Subsection 
(6)
, 
the division shall have direct access to criminal background information maintained 
pursuant to 
Title 53, Chapter 10, Part 2, Bureau of Criminal Identification
.
(8)
(a)
(i)
Any new nurse license or certification issued under this section shall be 
conditional, pending completion of the criminal background check.
(ii)
Notwithstanding 
Title 63G, Chapter 4, Administrative Procedures Act
, if the 
criminal background check discloses the applicant has failed to accurately disclose 
a criminal history, the license or certification shall be immediately and 
automatically revoked upon notice to the licensee by the division.
(b)
(i)
An individual whose conditional license or certification has been revoked 
under Subsection 
(8)(a)
 is entitled to a postrevocation hearing to challenge the 
revocation.
(ii)
A postrevocation hearing shall be conducted in accordance with 
Title 63G, 
Chapter 4, Administrative Procedures Act
.
(9)
(7)
If an individual has been charged with a violent felony, as defined in Subsection 
76-3-203.5(1)(c)
, and, as a result, the individual has been convicted, entered a plea of 
guilty or nolo contendere, or entered a plea of guilty or nolo contendere held in abeyance 
pending the successful completion of probation, the division shall act upon the license as 
required under Section 
58-1-401
.
(10)
(8)
If an individual has been charged with a felony other than a violent felony, as 
defined in Subsection 
76-3-203.5(1)(c)
, and, as a result, the individual has been 
convicted, entered a plea of guilty or nolo contendere, or entered a plea of guilty or nolo 
contendere held in abeyance pending the successful completion of probation, the 
division shall determine whether the felony disqualifies the individual for licensure 
under this chapter and act upon the license, as required, in accordance with Section 
58-1-401
.
(11)
The division may not disseminate outside of the division any criminal history record 
information that the division obtains from the Bureau of Criminal Identification or the 
Federal Bureau of Investigation under the criminal background check requirements of 
this section.
Section 10, Section 
58-42a-302
 is amended to read:
58-42a-302. Qualifications for licensure.
(1)
An applicant for licensure as an occupational therapist shall:
(a)
submit an application in a form 
as prescribed by 
the division
 approves
;
(b)
pay a fee as determined by the department under Section 
63J-1-504
;
(c)
graduate with a bachelor's or graduate degree for the practice of occupational therapy 
from an education program accredited by the American Occupational Therapy 
Association's Accreditation Council for Occupational Therapy Education, a 
predecessor organization, or an equivalent organization as determined by division 
rule;
(d)
if applying for licensure on or after July 1, 2015, complete a minimum of 24 weeks 
of supervised fieldwork experience;
(e)
pass an examination approved by the division in consultation with the board and 
administered by the National Board for Certification in Occupational Therapy, or by 
another nationally recognized credentialing body as approved by division rule, to 
demonstrate knowledge of the practice, skills, theory, and professional ethics related 
to occupational therapy; and
(f)
if the applicant is applying to participate in the Occupational Therapy Licensure 
Compact under 
Chapter 42b, Occupational Therapy Licensure Compact
, consent to a 
criminal background check in accordance with Section 
58-42a-302.1
 and any 
requirements established by rule made in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
.
(f)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (1)(f)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves.
(2)
All applicants 
An applicant 
for licensure as an occupational therapy assistant shall:
(a)
submit an application in a form 
as prescribed by 
the division
 approves
;
(b)
pay a fee as determined by the department under Section 
63J-1-504
;
(c)
graduate from an educational program for the practice of occupational therapy as an 
occupational therapy assistant that is accredited by the American Occupational 
Therapy Association's Accreditation Council for Occupational Therapy Education, a 
predecessor organization, or an equivalent organization as determined by division 
rule;
(d)
if applying for licensure on or after July 1, 2015, complete a minimum of 16 weeks 
of supervised fieldwork experience;
(e)
pass an examination approved by the division in consultation with the board and 
administered by the National Board for Certification in Occupational Therapy, or by 
another nationally recognized credentialing body as approved by division rule, to 
demonstrate knowledge of the practice, skills, theory, and professional ethics related 
to occupational therapy; and
(f)
if the applicant is applying to participate in the Occupational Therapy Licensure 
Compact under 
Chapter 42b, Occupational Therapy Licensure Compact
, consent to a 
criminal background check in accordance with Section 
58-42a-302.1
 and any 
requirements established by rule made in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
.
(f)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection 
(2)(f)(i)
, that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves.
(3)
Notwithstanding the other requirements of this section, the division may issue a license 
as an occupational therapist or as an occupational therapy assistant to an applicant who:
(a)
consents to a criminal background check in accordance with Section 
58-42a-302
 and 
any requirements established by rule made in accordance with 
Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act
; and
(b)
(i)
meets the requirements of receiving a license by endorsement under Section 
58-1-302
; or
(ii)
has been licensed in a state, district, or territory of the United States, or in a 
foreign country, where the education, experience, or examination requirements are 
not substantially equal to the requirements of this state, if the applicant passes the 
applicable examination described in Subsection 
(1)(e)
 or 
(2)(e)
.
Section 11, Section 
58-44a-302
 is amended to read:
58-44a-302. Qualifications for licensure.
(1)
An applicant for licensure as a nurse midwife shall:
(a)
submit an application in a form 
as prescribed by 
the division
 approves
;
(b)
pay a fee as determined by the department under Section 
63J-1-504
;
(c)
at the time of application for licensure hold a license in good standing as a registered 
nurse in Utah, or be at that time qualified for a license as a registered nurse under 
Title 58, Chapter 31b, Nurse Practice Act
;
(d)
have completed:
(i)
a certified nurse midwifery education program accredited by the Accreditation 
Commission for Midwifery Education and approved by the division; or
(ii)
a nurse midwifery education program located outside of the United States which 
is approved by the division and is equivalent to a program accredited by the 
Accreditation Commission for Midwifery Education, as demonstrated by a 
graduate's being accepted to sit for the national certifying examination 
administered by the Accreditation Commission for Midwifery Education or its 
designee;
(e)
have passed examinations established by the division rule in collaboration with the 
board within two years after completion of the approved education program required 
under Subsection 
(1)(d)
; and
(f)
complete and pass a criminal background check in accordance with Section 
58-44a-302.1
.
(f)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection 
(1)(f)(i)
, that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves.
(2)
For purposes of Subsection 
(1)(d)
, as of January 1, 2010, an applicant shall have 
completed a graduate degree, including post-master's certificate, in nurse midwifery 
from the accredited education program or the accredited education program's equivalent.
.
Section 12, Section 
58-47b-302
 is amended to read:
58-47b-302. License classifications -- Qualifications for licensure.
(1)
The division shall issue licenses under this chapter in the classifications of:
(a)
massage therapist;
(b)
massage apprentice;
(c)
massage assistant; and
(d)
massage assistant in-training.
(2)
An applicant for licensure as a massage therapist shall:
(a)
submit an application in a form 
prescribed by 
the division
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
be 18 years old or older;
(d)
have either:
(i)
(A)
graduated from a school of massage having a curriculum that meets 
standards established by division rule made in collaboration with the board and 
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking 
Act; or
(B)
completed equivalent education and training in compliance with division rule 
made in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act; or
(ii)
completed a massage apprenticeship program consisting of a minimum of 1,000 
hours of supervised training and in accordance with standards established by 
division rule made in collaboration with the board and in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(e)
pass:
(i)
the Federation of State Massage Therapy Boards Massage and Bodywork 
Licensing Examination; or
(ii)
any other examination established by division rule made in collaboration with the 
board and in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act.
(3)
An applicant for licensure as a massage apprentice shall:
(a)
submit an application in a form 
prescribed by 
the division
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
be 18 years old or older;
(d)
provide satisfactory evidence to the division that the applicant will practice as a 
massage apprentice only under the direct supervision of a licensed massage therapist 
in good standing who, for at least 6,000 hours, has engaged in the lawful practice of 
massage therapy as a licensed massage therapist; and
(e)
pass an examination as required by division rule made in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act.
(4)
(a)
An applicant for licensure as a massage assistant shall:
(i)
submit an application in a form 
prescribed by 
the division
 approves
;
(ii)
pay a fee determined by the department in accordance with Section 
63J-1-504
;
(iii)
be 18 years old or older;
(iv)
subject to Subsection (4)(b), complete at least 300 hours of education and 
training approved by division rule made accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act;
(v)
provide satisfactory evidence to the division that the applicant will practice as a 
massage assistant only under the indirect supervision of a massage therapy 
supervisor; and
(vi)
pass an examination as required by division rule made in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act.
(b)
The 300-hour education and training requirement described in Subsection (4)(a) shall 
include:
(i)
at least 150 hours of education and training while the applicant is:
(A)
enrolled in massage school; or
(B)
licensed as a massage assistant in-training and under the direct supervision of 
a massage therapist in good standing who, for at least 6,000 hours, has engaged 
in the lawful practice of massage therapy; and
(ii)
at least 150 hours of education and training while the applicant is:
(A)
enrolled in massage school; or
(B)
licensed as a massage assistant in-training and under the indirect supervision 
of a massage therapist in good standing who, for at least 6,000 hours, has 
engaged in the lawful practice of massage therapy.
(5)
An applicant for licensure as a massage assistant in-training shall:
(a)
submit an application in a form 
prescribed by 
the division
 approves
;
(b)
pay a fee determined by the department in accordance with Section 
63J-1-504
;
(c)
be 18 years old or older; and
(d)
provide satisfactory evidence to the division that the applicant will practice as a 
massage assistant in-training under the supervision of a massage therapist for a 
period of no more than six months for the purpose of satisfying the requirements 
described in Subsections (4)(a)(iv) and (4)(b) for licensure as a massage assistant.
(6)
(a)
A massage therapist may supervise at one time up to six individuals licensed as a 
massage apprentice or massage assistant in-training.
(b)
A massage therapy supervisor may supervise at one time up to six individuals 
licensed as a massage assistant.
(7)
A new massage therapist, massage apprentice, massage assistant, or massage assistant 
in-training applicant shall
 submit to and pass a criminal background check in 
accordance with Section 
58-47b-302.1
 and any requirements established by division rule 
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
:
(a)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(b)
meet any other standard related to the criminal background check described in 
Subsection (7)(a), that the division establishes by rule in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act; and
(c)
disclose any criminal history the division requests on a form the division approves.
Section 13, Section 
58-55-302
 is amended to read:
58-55-302. Qualifications for licensure.
(1)
Each applicant for a license under this chapter shall:
(a)
submit an application 
prescribed by 
the division
 approves
;
(b)
pay a fee as determined by the department under Section 
63J-1-504
;
(c)
meet the examination requirements established by this section and by rule by the 
commission with the concurrence of the director, which requirements include:
(i)
for licensure as an apprentice electrician, apprentice plumber, or specialty 
contractor, no division-administered examination is required;
(ii)
for licensure as a general building contractor, general engineering contractor, 
residential and small commercial contractor, general plumbing contractor, 
residential plumbing contractor, general electrical contractor, or residential 
electrical contractor, the only required division-administered examination is a 
division-administered examination that covers information from the 25-hour 
course described in Subsection (1)(e)(iii), which course may have been previously 
completed as part of applying for any other license under this chapter, and, if the 
25-hour course was completed on or after July 1, 2019, the five-hour business law 
course described in Subsection (1)(e)(iv); and
(iii)
if required 
in
by
 Section 
58-55-304
 and the applicant is a business entity
, 
that 
an 
individual qualifier
 must
 pass the required division-administered examination
 if 
the applicant is a business entity
;
(d)
if an
for licensure as an
 apprentice, identify the proposed supervisor of the 
apprenticeship;
(e)
if an applicant for a contractor's license
for licensure as a contractor
:
(i)
produce satisfactory evidence of financial responsibility, except for a construction 
trades instructor for whom evidence of financial responsibility is not required;
(ii)
produce satisfactory evidence of:
(A)
except as provided in Subsection (2)(a), and except that no employment 
experience is required for licensure as a specialty contractor, two years 
full-time paid employment experience in the construction industry, which 
employment experience, unless more specifically described in this section, may 
be related to any contracting classification and does not have to include 
supervisory experience; and
(B)
knowledge of the principles of the conduct of business as a contractor, 
reasonably necessary for the protection of the public health, safety, and welfare;
(iii)
except as otherwise provided by rule by the commission with the concurrence of 
the director, complete a 25-hour course 
established by rule by
that
 the 
commission with the concurrence of the director
, which
 establishes by rule, that
is taught by an approved prelicensure course provider, and which 
course 
may 
include:
(A)
construction business practices;
(B)
bookkeeping fundamentals;
(C)
mechanics lien fundamentals;
(D)
other aspects of business and construction principles considered important by 
the commission with the concurrence of the director; and
(E)
for no additional fee, a provider-administered examination at the end of the 
25-hour course;
(iv)
if the applicant is applying for licensure as a general building contractor, general 
engineering contractor, residential and small commercial contractor, general 
plumbing contractor, residential plumbing contractor, general electrical contractor, 
or residential electrical contractor, other than an applicant who completed the 
25-hour course described in Subsection 
(1)(e)(iii)
 before July 1, 2019, 
complete a 
five-hour business and law course
:
(A)
established by rule by 
that 
the commission
,
 with the concurrence of the 
director,
 establishes by rule; and
(B)
 which
that
 is taught by an approved prelicensure course provider
, if an 
applicant for licensure as a general building contractor, general engineering 
contractor, residential and small commercial contractor, general plumbing 
contractor, residential plumbing contractor, general electrical contractor, or 
residential electrical contractor, except that if the 25-hour course described in 
Subsection (1)(e)(iii) was completed before July 1, 2019, the applicant does not 
need to take the business and law course
;
(v)
(A)
for licensure as a residential electrical contractor, 
be a licensed master 
electrician 
if an applicant for an electrical contractor's license 
or a licensed 
master residential electrician
 if an applicant for a residential electrical 
contractor's license
;
(B)
for licensure as an electrical contractor, be a licensed master electrician;
(B)
(C)
for licensure as a residential plumbing contractor, 
be a licensed master 
plumber 
if an applicant for a plumbing contractor's license 
or a licensed 
master residential plumber
 if an applicant for a residential plumbing 
contractor's license; or
;
(D)
for licensure as a plumbing contractor, be a licensed master plumber; or
(C)
(E)
for licensure as an elevator contractor, 
be a licensed elevator mechanic 
and produce satisfactory evidence of three years experience as an elevator 
mechanic
 if an applicant for an elevator contractor's license; and
;
(vi)
when the applicant is an unincorporated entity, provide a list of the one or more 
individuals who hold an ownership interest in the applicant as of the day on which 
the application is filed that includes for each individual:
(A)
the individual's name, address, birth date, and social security number or other 
satisfactory evidence of the applicant's identity permitted under rules made by 
the division in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act; and
(B)
whether the individual will engage in a construction trade; and
(vii)
the applicant or, if the applicant is a business entity as described in Section 
58-55-304
, an individual qualifier and each individual with at least a 10% voting 
interest in the business entity shall:
(A)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(B)
meet any other standard related to the criminal background check described in 
Subsection (1)(e)(vii)(A), that the division establishes by rule in accordance 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(C)
disclose any criminal history the division requests on a form the division 
approves; and
(f)
if an applicant 
for
 licensure as
 a construction trades instructor
 license
, satisfy any 
additional requirements 
established by rule
the division establishes by rule
.
(2)
(a)
If the applicant for a contractor's license described in Subsection (1) is a building 
inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory 
evidence of two years 
of 
full-time paid employment experience as a building 
inspector, which shall include at least one year 
of 
full-time experience as a licensed 
combination inspector.
(b)
The applicant shall file the following with the division before the division issues the 
license:
(i)
proof of workers' compensation insurance 
which
that
 covers employees of the 
applicant in accordance with applicable Utah law;
(ii)
proof of public liability insurance in coverage amounts and form established by 
rule except for a construction trades instructor for whom public liability insurance 
is not required; and
(iii)
proof of registration as required by applicable law with the:
(A)
Department of Commerce;
(B)
Division of Corporations and Commercial Code;
(C)
Unemployment Insurance Division in the Department of Workforce Services, 
for purposes of Title 35A, Chapter 4, Employment Security Act;
(D)
State Tax Commission; and
(E)
Internal Revenue Service.
(3)
In addition to the general requirements for each applicant in Subsection (1), 
applicants
an applicant
 shall comply with the following requirements to be licensed in the 
following classifications:
(a)
(i)
A 
a 
master plumber shall produce satisfactory evidence that the applicant:
(A)
has been a licensed journeyman plumber for at least two years and had two 
years of supervisory experience as a licensed journeyman plumber in 
accordance with division rule;
(B)
has received at least an associate of applied science degree or similar degree 
following the completion of a course of study approved by the division and had 
one year of supervisory experience as a licensed journeyman plumber in 
accordance with division rule; or
(C)
meets the qualifications for expedited licensure as established by rules made 
by the commission, with the concurrence of the director, in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly 
demonstrate the applicant has the knowledge and skills to be a licensed master 
plumber
.
;
(ii)
An
an
 individual holding a valid Utah license as a journeyman plumber, based 
on at least four years of practical experience as a licensed apprentice under the 
supervision of a licensed journeyman plumber and four years as a licensed 
journeyman plumber, in effect immediately 
prior to
before
 May 5, 2008, is on 
and after May 5, 2008, considered to hold a current master plumber license under 
this chapter, and satisfies the requirements of this Subsection (3)(a) for the 
purpose of renewal or reinstatement of that license under Section 
58-55-303
.
; and
(iii)
An
an
 individual holding a valid plumbing contractor's license or residential 
plumbing contractor's license, in effect immediately 
prior to
before
 May 5, 2008, 
is on or after May 5, 2008:
(A)
considered to hold a current master plumber license under this chapter if 
licensed as a plumbing contractor and a journeyman plumber, and satisfies the 
requirements of this Subsection (3)(a) for purposes of renewal or reinstatement 
of that license under Section 
58-55-303
; and
(B)
considered to hold a current residential master plumber license under this 
chapter if licensed as a residential plumbing contractor and a residential 
journeyman plumber, and satisfies the requirements of this Subsection (3)(a) 
for purposes of renewal or reinstatement of that license under Section 
58-55-303
.
;
(b)
A
a
 master residential plumber applicant shall produce satisfactory evidence that the 
applicant:
(i)
has been a licensed residential journeyman plumber for at least two years and had 
two years of supervisory experience as a licensed residential journeyman plumber 
in accordance with division rule; or
(ii)
meets the qualifications for expedited licensure as established by rules made by 
the commission, with the concurrence of the director, in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate 
the applicant has the knowledge and skills to be a licensed master residential 
plumber
.
;
(c)
A
a
 journeyman plumber applicant shall produce satisfactory evidence of:
(i)
successful completion of the equivalent of at least four years of full-time training 
and instruction as a licensed apprentice plumber under supervision of a licensed 
master plumber or journeyman plumber and in accordance with a planned 
program of training approved by the division;
(ii)
at least eight years of full-time experience approved by the division in 
collaboration with the Electricians and Plumbers Licensing Board; or
(iii)
meeting the qualifications for expedited licensure as established by rules made 
by the commission, with the concurrence of the director, in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate 
the applicant has the knowledge and skills to be a licensed journeyman plumber
.
;
(d)
A
a
 residential journeyman plumber shall produce satisfactory evidence of:
(i)
completion of the equivalent of at least three years of full-time training and 
instruction as a licensed apprentice plumber under the supervision of a licensed 
residential master plumber, licensed residential journeyman plumber, or licensed 
journeyman plumber in accordance with a planned program of training approved 
by the division;
(ii)
completion of at least six years of full-time experience in a maintenance or repair 
trade involving substantial plumbing work; or
(iii)
meeting the qualifications for expedited licensure as established by rules made 
by the commission, with the concurrence of the director, in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate 
the applicant has the knowledge and skills to be a licensed residential journeyman 
plumber
.
;
(e)
The
the
 conduct of
 a
 licensed apprentice 
plumbers
plumber
 and 
their
the licensed 
apprentice plumber's
 licensed 
supervisors
supervisor
 shall be in accordance with the 
following:
(i)
while engaging in the trade of plumbing, a licensed apprentice plumber shall be 
under the immediate supervision of a licensed master plumber, licensed residential 
master plumber, licensed journeyman plumber, or licensed residential journeyman 
plumber;
(ii)
beginning in a licensed apprentice plumber's fourth year of training, a licensed 
apprentice plumber may work without supervision for a period not to exceed eight 
hours in any 24-hour period; and
(iii)
rules made by the commission, with the concurrence of the director, in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
regarding the ratio of apprentices allowed under the immediate supervision of a 
licensed supervisor, including the ratio of apprentices in their fourth year of 
training or later that are allowed to be under the immediate supervision of a 
licensed supervisor
.
;
(f)
A
a
 master electrician applicant shall produce satisfactory evidence that the 
applicant:
(i)
is a graduate electrical engineer of an accredited college or university approved by 
the division and has one year of practical electrical experience as a licensed 
apprentice electrician;
(ii)
is a graduate of an electrical trade school, having received an associate of applied 
sciences degree following successful completion of a course of study approved by 
the division, and has two years of practical experience as a licensed journeyman 
electrician;
(iii)
has four years of practical experience as a journeyman electrician; or
(iv)
meets the qualifications for expedited licensure as established by rules made by 
the commission, with the concurrence of the director, in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate 
the applicant has the knowledge and skills to be a licensed master electrician
.
;
(g)
A
a
 master residential electrician applicant shall produce satisfactory evidence that 
the applicant:
(i)
has at least two years of practical experience as a residential journeyman 
electrician; or
(ii)
meets the qualifications for expedited licensure as established by rules made by 
the commission, with the concurrence of the director, in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate 
the applicant has the knowledge and skills to be a master residential electrician
.
;
(h)
A
a
 journeyman electrician applicant shall produce satisfactory evidence that the 
applicant:
(i)
has successfully completed at least four years of full-time training and instruction 
as a licensed apprentice electrician under the supervision of a master electrician or 
journeyman electrician and in accordance with a planned training program 
approved by the division;
(ii)
has at least eight years of full-time experience approved by the division in 
collaboration with the Electricians and Plumbers Licensing Board; or
(iii)
meets the qualifications for expedited licensure as established by rules made by 
the commission, with the concurrence of the director, in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate 
the applicant has the knowledge and skills to be a licensed journeyman electrician
.
;
(i)
A
a
 residential journeyman electrician applicant shall produce satisfactory evidence 
that the applicant:
(i)
has successfully completed two years of training in an electrical training program 
approved by the division;
(ii)
has four years of practical experience in wiring, installing, and repairing electrical 
apparatus and equipment for light, heat, and power under the supervision of a 
licensed master, journeyman, residential master, or residential journeyman 
electrician; or
(iii)
meets the qualifications for expedited licensure as established by rules made by 
the commission, with the concurrence of the director, in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate 
the applicant has the knowledge and skills to be a licensed residential journeyman 
electrician
.
;
(j)
The
the
 conduct of
 a
 licensed apprentice 
electricians
electrician
 and 
their
the 
licensed apprentice electrician's
 licensed 
supervisors
supervisor
 shall be in 
accordance with the following:
(i)
a licensed apprentice electrician shall be under the immediate supervision of a 
licensed master, journeyman, residential master, or residential journeyman 
electrician;
(ii)
beginning in a licensed apprentice electrician's fourth year of training, a licensed 
apprentice electrician may work without supervision for a period not to exceed 
eight hours in any 24-hour period;
(iii)
rules made by the commission, with the concurrence of the director, in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
regarding the ratio of apprentices allowed under the immediate supervision of a 
licensed supervisor, including the ratio of apprentices in their fourth year of 
training or later that are allowed to be under the immediate supervision of a 
licensed supervisor; and
(iv)
a licensed supervisor may have up to three licensed apprentice electricians on a 
residential project, or more if established by rules made by the commission, in 
concurrence with the director, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
.
;
(k)
An
an
 alarm company applicant shall:
(i)
have a qualifying agent who:
(A)
is an alarm company officer, alarm company owner, alarm company 
proprietor, an alarm company trustee, or other responsible management 
personnel;
(B)
demonstrates 6,000 hours of experience in the alarm company business;
(C)
demonstrates 2,000 hours of experience as a manager or administrator in the 
alarm company business or in a construction business; and
(D)
passes an examination component
 established by rule by
 the commission
,
with the concurrence of the director
, establishes by rule
;
(ii)
provide the name, address, date of birth, social security number, fingerprint card, 
and consent to a background check in accordance with Section 
58-55-302.1
 and 
requirements established by division rule made in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act, for
require that
 each alarm 
company officer, alarm company owner, alarm company proprietor, alarm 
company trustee, and responsible management personnel with direct responsibility 
for managing operations of the applicant within the state
;
:
(A)
provide the applicant's name, address, date of birth, social security number, 
and fingerprints to the division;
(B)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(C)
meet any other standard related to the criminal background check described in 
Subsection (2)(k)(ii)(B), that the division establishes by rule in accordance 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(D)
disclose any criminal history the division requests on a form the division 
approves;
(iii)
document that none of the 
persons
individuals
 described in Subsection (3)(k)(ii):
(A)
have been declared by any court of competent jurisdiction incompetent by 
reason of mental defect or disease and not been restored; or
(B)
are currently suffering from habitual drunkenness or from drug addiction or 
dependence;
(iv)
file and maintain with the division evidence of:
(A)
comprehensive general liability insurance in form and in amounts 
to be 
established by rule by the commission with the concurrence of the director;
(B)
workers' compensation insurance that covers employees of the applicant in 
accordance with applicable Utah law; and
(C)
registration as is required by applicable law with the:
(I)
Division of Corporations and Commercial Code;
(II)
Unemployment Insurance Division in the Department of Workforce 
Services, for purposes of Title 35A, Chapter 4, Employment Security Act;
(III)
State Tax Commission; and
(IV)
Internal Revenue Service; and
(v)
meet with the division and board
.
;
(l)
Each
an
 applicant for licensure as an alarm company agent shall:
(i)
submit an application in a form 
prescribed by 
the division
 approves
accompanied by fingerprint cards;
(ii)
pay a fee determined by the department under Section 
63J-1-504
;
(iii)
submit to and pass a criminal background check in accordance with Section 
58-55-302.1
 and requirements established by division rule made in accordance 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(iii)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(A)
meet any other standard related to the criminal background check described in 
this Subsection (3)(l)(iii), that the division establishes by rule in accordance 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(B)
disclose any criminal history the division requests on a form the division 
approves;
(iv)
not have been declared by any court of competent jurisdiction incompetent by 
reason of mental defect or disease and not been restored;
(v)
not be currently suffering from habitual drunkenness or from drug addiction or 
dependence; and
(vi)
meet with the division and board if requested by the division or the board
.
; and
(m)
(i)
Each applicant for licensure as an elevator mechanic shall:
(i)
an applicant for licensure as an elevator mechanic shall:
(A)
provide documentation of experience and education credits of not less than 
three years work experience in the elevator industry, in construction, 
maintenance, or service and repair;
 and
(B)
satisfactorily complete a written examination administered by the division 
established by rule under Section 
58-1-203
; or
(C)
provide certificates of completion of an apprenticeship program for elevator 
mechanics, having standards substantially equal to those of this chapter and 
registered with the United States Department of Labor Bureau Apprenticeship 
and Training or a state apprenticeship council
.
; and
(ii)
(A)
If an elevator contractor licensed under this chapter cannot find a licensed 
elevator mechanic to perform the work of erecting, constructing, installing, 
altering, servicing, repairing, or maintaining an elevator, the contractor may:
(A)
if an elevator contractor licensed under this chapter cannot find a licensed 
elevator mechanic to perform the work of erecting, constructing, installing, 
altering, servicing, repairing, or maintaining an elevator, the contractor may
(I)
notify the division of the unavailability of licensed personnel
;
 and
(II)
request the division issue a temporary elevator mechanic license to an 
individual certified by the contractor as having an acceptable combination 
of documented experience and education to perform the work described in 
this Subsection (3)(m)(ii)(A)
.
; and
(B)
(I)
The
if an elevator contractor requests that the division issue a 
temporary elevator license as described in Subsection (3)(m)(ii)(A), the
division may issue a temporary elevator mechanic license to an individual 
certified under Subsection 
(3)(m)(ii)(A)(II)
(3)(m)(ii)(A)
 upon application 
by the individual, accompanied by the appropriate fee as determined by the 
department under Section 
63J-1-504
.
 and
(II)
The division 
shall specify the time period for which the license is valid 
and may renew the license for an additional time period upon 
its
the 
division's
 determination that a shortage of licensed elevator mechanics 
continues to exist.
(4)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
division may make rules establishing when Federal Bureau of Investigation records shall 
be checked for applicants as an alarm company or alarm company agent under this 
section and Section 
58-55-302.1
58-1-301.5
.
(5)
(a)
An 
The division shall deny an 
application for licensure under this chapter
 shall 
be denied
 if:
(i)
the applicant has had a previous license, which was issued under this chapter, 
suspended or revoked within two years before the date of the applicant's 
application;
(ii)
(A)
the applicant is a partnership, corporation, or limited liability company; and
(B)
any corporate officer, director, shareholder holding 25% or more of the stock 
in the applicant, partner, member, agent acting as a qualifier, or any person 
occupying a similar status, performing similar functions, or directly or 
indirectly controlling the applicant has served in any similar capacity with any 
person or entity 
which
that
 has had a previous license, which was issued under 
this chapter, suspended or revoked within two years before the date of the 
applicant's application;
(iii)
(A)
the applicant is an individual or sole proprietorship; and
(B)
any owner or agent acting as a qualifier has served in any capacity listed in 
Subsection (5)(a)(ii)(B) in any entity which has had a previous license, which 
was issued under this chapter, suspended or revoked within two years before 
the date of the applicant's application; or
(iv)
(A)
the applicant includes an individual who was an owner, director, or officer 
of an unincorporated entity at the time the entity's license under this chapter 
was revoked; and
(B)
the application for licensure is filed within 60 months after the revocation of 
the unincorporated entity's license.
(b)
An 
The appropriate licensing board shall review an 
application for licensure under 
this chapter 
shall be reviewed by the appropriate licensing board prior to
before
approval if:
(i)
the applicant has had a previous license, which was issued under this chapter, 
suspended or revoked more than two years before the date of the applicant's 
application;
(ii)
(A)
the applicant is a partnership, corporation, or limited liability company; and
(B)
any corporate officer, director, shareholder holding 25% or more of the stock 
in the applicant, partner, member, agent acting as a qualifier, or any person 
occupying a similar status, performing similar functions, or directly or 
indirectly controlling the applicant has served in any similar capacity with any 
person or entity 
which
that
 has had a previous license, which was issued under 
this chapter, suspended or revoked more than two years before the date of the 
applicant's application; or
(iii)
(A)
the applicant is an individual or sole proprietorship; and
(B)
any owner or agent acting as a qualifier has served in any capacity listed in 
Subsection (5)(a)(ii)(B) in any entity 
which
that
 has had a previous license, 
which was issued under this chapter, suspended or revoked more than two 
years before the date of the applicant's application.
(6)
(a)
(i)
A licensee that is an unincorporated entity shall file an ownership status 
report with the division every 30 days after the day on which the license is issued 
if the licensee has more than five owners who are individuals who:
(A)
own an interest in the contractor that is an unincorporated entity;
(B)
own, directly or indirectly, less than an 8% interest, as defined by rule made 
by the division in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, in the unincorporated entity; and
(C)
engage, or will engage, in a construction trade in the state as owners of the 
contractor described in Subsection (6)(a)(i)(A).
(ii)
If the licensee has five or fewer owners described in Subsection (6)(a)(i), the 
licensee shall provide the ownership status report with an application for renewal 
of licensure.
(b)
An ownership status report required under this Subsection (6) shall:
(i)
specify each addition or deletion of an owner:
(A)
for the first ownership status report, after the day on which the unincorporated 
entity is licensed under this chapter; and
(B)
for a subsequent ownership status report, after the day on which the previous 
ownership status report is filed;
(ii)
be in a format 
prescribed by 
the division 
approves and 
that includes for each 
owner, regardless of the owner's percentage ownership in the unincorporated 
entity, the information described in Subsection (1)(e)(vi);
(iii)
list the name of:
(A)
each officer or manager of the unincorporated entity; and
(B)
each other individual involved in the operation, supervision, or management 
of the unincorporated entity; and
(iv)
be accompanied by a fee set by the division in accordance with Section 
63J-1-504
if the ownership status report indicates there is a change described in Subsection 
(6)(b)(i).
(c)
The division may
 audit
, at any time,
 audit
 an ownership status report under this 
Subsection (6):
(i)
to determine if financial responsibility has been demonstrated or maintained as 
required under Section 
58-55-306
; and
(ii)
to determine compliance with Subsection 
58-55-501
(23), (24), or (26) or 
Subsection 
58-55-502
(8) or (9).
(7)
(a)
An unincorporated entity that provides labor to an entity licensed under this 
chapter by providing an individual who owns an interest in the unincorporated entity 
to engage in a construction trade in Utah shall file with the division:
(i)
before the individual who owns an interest in the unincorporated entity engages in 
a construction trade in Utah, a current list of the one or more individuals who hold 
an ownership interest in the unincorporated entity that includes for each individual:
(A)
the individual's name, address, birth date, and social security number; and
(B)
whether the individual will engage in a construction trade; and
(ii)
every 30 days after the day on which the unincorporated entity provides the list 
described in Subsection (7)(a)(i), an ownership status report containing the 
information that would be required under Subsection (6) if the unincorporated 
entity were a licensed contractor.
(b)
When filing an ownership list described in Subsection (7)(a)(i) or an ownership 
status report described in Subsection 
(7)(a)(i)
(7)(a)(ii)
 an unincorporated entity 
shall pay a fee set by the division in accordance with Section 
63J-1-504
.
(8)
This chapter may not be interpreted to create or support an express or implied 
independent contractor relationship between an unincorporated entity described in 
Subsection (6) or (7) and the owners of the unincorporated entity for any purpose, 
including income tax withholding.
(9)
(a)
A social security number provided under Subsection (1)(e)(vi) or (3)(k)(ii) is a 
private record under Subsection 
63G-2-302
(1)(i).
(b)
The division may designate an applicant's evidence of identity under Subsection 
(1)(e)(vi) as a private record in accordance with Section 
63G-2-302
.
Section 14, Section 
58-60-205
 is amended to read:
58-60-205. Qualifications for licensure or certification as a clinical social worker, 
certified social worker, and social service worker.
(1)
An applicant for licensure as a clinical social worker shall:
(a)
submit an application on a form 
provided by 
the division
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
produce certified transcripts from an accredited institution of higher education 
recognized by the division in collaboration with the board verifying satisfactory 
completion of an education and an earned degree as follows:
(i)
a master's degree in a social work program accredited by the Council on Social 
Work Education or by the Canadian Association of Schools of Social Work; or
(ii)
a doctoral degree that contains a clinical social work concentration and practicum 
approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, that is consistent with Section 
58-1-203
;
(d)
if required under federal law for any licensee as a clinical social worker to qualify as 
an eligible professional under CMS rules for Medicare payment, document 
completion of:
(i)
not less than 3,000 hours of clinical supervision, which includes hours accrued 
under Subsection (1)(e); or
(ii)
not less than two years of clinical supervision;
(e)
document successful completion of not less than 1,200 direct client care hours:
(i)
obtained after completion of the education requirements under Subsection (1)(c);
(ii)
subject to Subsection (1)(e)(iii), not less than 100 of which are direct clinical 
supervision hours under the supervision of a clinical supervisor;
(iii)
not less than 25 of which are direct observation hours; and
(iv)
not more than 25 of which are group supervision hours accrued concurrently with 
more than one other applicant for licensure;
(f)
document successful completion of not less than two hours of training in suicide 
prevention, obtained after completion of the education requirements under 
Subsection (1)(c) via a course that the division designates as approved;
(g)
have completed a case work, group work, or family treatment course sequence with a 
clinical practicum in content as defined by rule under Section 
58-1-203
;
(h)
(i)
pass the examination requirement established by rule under Section 
58-1-203
; 
or
(ii)
satisfy the following requirements:
(A)
document at least one examination attempt that did not result in a passing 
score;
(B)
document successful completion of not less than 500 additional direct client 
care hours, at least 25 of which are direct clinical supervision hours, and at 
least five of which are direct observation hours;
(C)
submit to the division a recommendation letter from the applicant's direct 
clinical supervisor; and
(D)
submit to the division a recommendation letter from another licensed mental 
health therapist who has directly observed the applicant's direct client care 
hours and who is not the applicant's direct clinical supervisor; and
(i)
(i)
consent to a criminal background check in accordance with Section 
58-60-103.1
and any requirements established by division rule made in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act
consent to, and complete, a 
criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (1)(i)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves
.
(2)
An applicant for licensure as a certified social worker shall:
(a)
submit an application on a form 
provided by 
the division
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
produce certified transcripts from an accredited institution of higher education 
recognized by the division in collaboration with the board verifying satisfactory 
completion of an education and an earned degree as follows:
(i)
a master's degree in a social work program accredited by the Council on Social 
Work Education or by the Canadian Association of Schools of Social Work; or
(ii)
a doctoral degree that contains a clinical social work concentration and practicum 
approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, that is consistent with Section 
58-1-203
; and
(d)
consent to a criminal background check in accordance with Section 
58-60-103.1
 and 
any requirements established by division rule made in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act.
(d)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (2)(d)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves.
(3)
An applicant for licensure as a social service worker shall:
(a)
submit an application on a form
 provided by
 the division
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
; and
(c)
produce certified transcripts from an accredited institution of higher education 
recognized by the division in collaboration with the board verifying satisfactory 
completion of an education and an earned degree as follows:
(i)
a bachelor's degree in a social work program accredited by the Council on Social 
Work Education or by the Canadian Association of Schools of Social Work;
(ii)
a master's degree in a field approved by the division in collaboration with the 
board;
(iii)
a bachelor's degree in any field if the applicant:
(A)
has completed at least three semester hours, or the equivalent, in each of the 
following areas:
(I)
social welfare policy;
(II)
human growth and development; and
(III)
social work practice methods, as defined by rule; and
(B)
provides documentation that the applicant has completed at least 2,000 hours 
of qualifying experience under the supervision of a mental health therapist, 
which experience is approved by the division in collaboration with the board, 
and which is performed after completion of the requirements to obtain the 
bachelor's degree required under this Subsection (3); or
(iv)
successful completion of the first academic year of a Council on Social Work 
Education approved master's of social work curriculum and practicum.
(4)
The division shall ensure that the rules for an examination described under Subsection 
(1)(h)(i) allow additional time to complete the examination if requested by an applicant 
who is:
(a)
a foreign born legal resident of the United States for whom English is a second 
language; or
(b)
an enrolled member of a federally recognized Native American tribe.
Section 15, Section 
58-60-305
 is amended to read:
58-60-305. Qualifications for licensure.
(1)
All applicants 
An applicant 
for licensure as 
a 
marriage and family 
therapists
therapist
shall:
(a)
submit an application on a form 
provided by 
the division
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
produce certified transcripts evidencing completion of a 
masters
master's
 or 
doctorate degree in marriage and family therapy from:
(i)
a program accredited by the Commission on Accreditation for Marriage and 
Family Therapy Education; or
(ii)
an accredited institution meeting criteria for approval established by rule under 
Section 
58-1-203
;
(d)
if required under federal law for any licensee as a marriage and family therapist to 
qualify as an eligible professional under CMS rules for Medicare payment, document 
completion of:
(i)
not less than 3,000 hours of clinical supervision, which includes hours accrued 
under Subsection 
(2)(e)
(1)(e)
; or
(ii)
not less than two years of clinical supervision;
(e)
document successful completion of not less than 1,200 direct client care hours:
(i)
obtained after completion of the education requirements under Subsection (1)(c);
(ii)
subject to Subsection (1)(e)(iii), not less than 100 of which are direct clinical 
supervision hours under the supervision of a clinical supervisor obtained after 
completion of the education requirements under Subsection (1)(c);
(iii)
not less than 25 of which are direct observation hours; and
(iv)
not more than 25 of which are group supervision hours concurrently with more 
than one other applicant for licensure;
(f)
document successful completion of not less than two hours of training in suicide 
prevention obtained after completion of the education requirements under Subsection 
(1)(c) via a course that the division designates as approved;
(g)
(i)
pass the examination requirement 
established by
the
 division 
establishes by 
rule under Section 
58-1-203
; or
(ii)
satisfy the following requirements:
(A)
document at least one examination attempt that did not result in a passing 
score;
(B)
document successful completion of not less than 500 additional direct client 
care hours, not less than 25 of which are direct clinical supervision hours, and 
not less than five of which are direct observation hours by a mental health 
therapist or supervisor;
(C)
submit to the division a recommendation letter from the applicant's direct 
clinical supervisor; and
(D)
submit to the division a recommendation letter from another licensed mental 
health therapist who has directly observed the applicant's direct client care 
hours and who is not the applicant's direct clinical supervisor; and
(h)
consent to a criminal background check in accordance with Section 
58-60-103.1
 and 
any requirements established by division rule made in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act.
(h)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (1)(h)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves.
(2)
All applicants 
An applicant 
for licensure as an associate marriage and family therapist 
shall comply with the provisions of Subsections (1)(a) through (c) and (h).
Section 16, Section 
58-60-405
 is amended to read:
58-60-405. Qualifications for licensure.
(1)
An applicant for licensure as a clinical mental health counselor shall:
(a)
submit an application on a form 
provided by 
the division
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
produce certified transcripts evidencing completion of:
(i)
a master's or doctorate degree conferred to the applicant in:
(A)
clinical mental health counseling, clinical rehabilitation counseling, counselor 
education and supervision from a program accredited by the Council for 
Accreditation of Counseling and Related Educational Programs; or
(B)
clinical mental health counseling or an equivalent field from a program 
affiliated with an institution that has accreditation that is recognized by the 
Council for Higher Education Accreditation; and
(ii)
at least 60 semester credit hours or 90 quarter credit hours of coursework related 
to an educational program described in Subsection (1)(c)(i);
(d)
if required under federal law for any licensee as a clinical mental health counselor to 
qualify as an eligible professional under CMS rules for Medicare payment, document 
completion of:
(i)
not less than 3,000 hours of clinical supervision, which includes hours accrued 
under Subsection (1)(e); or
(ii)
not less than two years of clinical supervision;
(e)
document successful completion of not less than 1,200 direct client care hours:
(i)
obtained after completion of the education requirements under Subsection (1)(c);
(ii)
subject to Subsection (1)(e)(iii), not less than 100 of which are direct clinical 
supervision hours under the supervision of a clinical supervisor;
(iii)
not less than 25 of which are direct observation hours; and
(iv)
not more than 25 of which are group supervision hours concurrently with more 
than one other applicant for licensure;
(f)
document successful completion of not less than two hours of training in suicide 
prevention obtained after completion of the education requirements under Subsection 
(1)(c) via a course that the division designates as approved;
(g)
(i)
pass the examination requirement 
established by 
the 
division 
establishes by 
rule under Section 
58-1-203
; or
(ii)
satisfy the following requirements:
(A)
document at least one examination attempt that did not result in a passing 
score;
(B)
document successful completion of not less than 500 additional direct client 
care hours, not less than 25 of which are direct clinical supervision hours, and 
not less than five of which are direct observation hours by a clinical supervisor;
(C)
submit to the division a recommendation letter from the applicant's direct 
clinical supervisor; and
(D)
submit to the division a recommendation letter from another licensed mental 
health therapist who has directly observed the applicant's direct client care 
hours and who is not the applicant's direct clinical supervisor; and
(h)
consent to a criminal background check in accordance with Section 
58-60-103.1
 and 
any requirements established by division rule made in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act.
(h)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (1)(h)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves.
(2)
An applicant for licensure as an associate clinical mental health counselor shall comply 
with the provisions of Subsections (1)(a) through (c) and (h).
(3)
Notwithstanding Subsection (1)(c), an applicant satisfies the education requirement 
described in Subsection (1)(c) if the applicant submits documentation verifying:
(a)
satisfactory completion of a doctoral or master's degree from an educational program 
in rehabilitation counseling accredited by the Council for Accreditation of 
Counseling and Related Educational Programs;
(b)
satisfactory completion of at least 60 semester credit hours or 90 quarter credit hours 
of coursework related to an educational program described in Subsection (1)(c)(i); 
and
(c)
that the applicant received a passing score that is valid and in good standing on:
(i)
the National Counselor Examination; and
(ii)
the National Clinical Mental Health Counseling Examination.
Section 17, Section 
58-60-506
 is amended to read:
58-60-506. Qualifications for licensure.
(1)
Subject to Subsection (2), an applicant for licensure as master addiction counselor based 
on education, training, and experience shall:
(a)
submit an application on a form 
provided by 
the division
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
document successful completion of not less than two hours of training in suicide 
prevention obtained after completion of the education requirements under Subsection 
(1)(d) via a course that the division designates as approved;
(d)
produce a certified transcript from an accredited institution of higher education that 
meets standards established by division rule under Section 
58-1-203
, verifying the 
satisfactory completion of:
(i)
a doctoral or master's degree in:
(A)
substance use disorders or addiction counseling and treatment; or
(B)
a counseling subject approved by the division in collaboration with the board, 
which may include social work, mental health counseling, marriage and family 
therapy, psychology, or medicine;
(ii)
an associate's degree or higher, or 18 credit hours, in substance use disorder or 
addiction counseling and treatment from a regionally accredited institution of 
higher education;
(e)
if required under federal law for any licensee as a master addiction counselor to 
qualify as an eligible professional under CMS rules for Medicare payment, document 
completion of:
(i)
not less than 3,000 hours of clinical supervision, which includes hours accrued 
under Subsection (1)(g); or
(ii)
not less than two years of clinical supervision;
(f)
document successful completion of not less than 1,200 direct client care hours:
(i)
obtained after completion of the education requirements under Subsection 
(1)(d)(ii);
(ii)
subject to Subsection (1)(f)(iii), not less than 100 of which are direct clinical 
supervision hours under the supervision of a clinical supervisor;
(iii)
not less than 25 of which are direct observation hours; and
(iv)
not more than 25 of which are group supervision hours concurrently with more 
than one other applicant for licensure;
(g)
if the applicant for licensure produces a transcript described in Subsection 
(1)(d)(ii)
, 
evidence completion of an additional 200 hours of direct client care hours in 
substance use disorder or addiction treatment;
(h)
(i)
pass the examination requirement 
established by 
the 
division 
establishes by 
rule under Section 
58-1-203
; or
(ii)
satisfy the following requirements:
(A)
document at least one examination attempt that did not result in a passing 
score;
(B)
document successful completion of not less than 500 additional direct client 
care hours, not less than 25 of which are direct clinical supervision hours, and 
not less than five of which are direct observation hours by a clinical supervisor;
(C)
submit to the division a recommendation letter from the applicant's direct 
clinical supervisor; and
(D)
submit to the division a recommendation letter from another licensed mental 
health therapist who has directly observed the applicant's direct client care 
hours and who is not the applicant's direct clinical supervisor; and
(i)
consent to a criminal background check in accordance with Section 
58-60-103.1
 and 
any requirements established by division rule made in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act.
(i)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (1)(i)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves.
(2)
In lieu of the requirements under Subsections (1)(d) through (i), an applicant for 
licensure as master addiction counselor may document current certification in good 
standing as:
(a)
a master addiction counselor by the National Certification Commission for Addiction 
Professionals;
(b)
a master addiction counselor by the National Board for Certified Counselors; or
(c)
an equivalent certification as under Subsections (2)(a) and (b), as determined in rule 
made by the division in collaboration with the board.
(3)
An applicant for licensure as an associate master addiction counselor shall satisfy the 
requirements under Subsections (1)(a) through (c) and (i).
(4)
Subject to Subsection (5), an applicant for licensure as an advanced substance use 
disorder counselor shall:
(a)
submit an application on a form 
provided by 
the division
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
; and
(c)
(i)
produce certified transcripts verifying satisfactory completion of:
(A)
a bachelor's degree or higher, from a regionally accredited institution of 
higher learning, in substance use disorders, addiction, or related counseling 
subjects, including social work, mental health counseling, marriage and family 
counseling, or psychology; or
(B)
two academic years of study in a master's of addiction counseling curriculum 
and practicum approved by the National Addictions Studies Accreditation 
Commission;
(ii)
document completion of at least 500 hours of supervised experience while 
licensed as a substance use disorder counselor under this section, which the 
applicant may complete while completing the education requirements under 
Subsection 
(1)(c)(i)
; and
(iii)
satisfy examination requirements established by the division in rule.
(5)
The 
An applicant for licensure as an advanced substance use disorder counselor may 
satisfy the 
requirements of Subsection (4)(c) 
may be satisfied 
by providing official 
verification of current certification in good standing:
(a)
(i)
as a National Certified Addiction Counselor Level II (NCAC II) from the 
National Certification Commission for Addiction Professionals (NCC AP); or
(ii)
as an Advanced Alcohol 
 Drug Counselor (AADC), from the International 
Certification and Reciprocity Consortium; or
(b)
of substantive equivalence to the certifications under Subsection (5)(a), as 
determined by division rule made in consultation with the board.
(6)
In accordance with division rules, an applicant for licensure as a substance use disorder 
counselor shall produce:
(a)
certified transcripts from an accredited institution that:
(i)
meet division standards;
(ii)
verify satisfactory completion of an associate's degree or equivalent as defined by 
the division in rule; and
(iii)
verify the completion of prerequisite courses established by division rules;
(b)
documentation of the applicant's completion of a substance use disorder education 
program that includes:
(i)
completion of at least 200 hours of substance use disorder related education;
(ii)
included in the 200 hours described in Subsection (6)(b)(i), a minimum of two 
hours of training in suicide prevention via a course that the division designates as 
approved; and
(iii)
completion of a supervised practicum of at least 200 hours; and
(c)
documentation of the applicant's completion of at least 2,000 hours of supervised 
experience in substance use disorder treatment that:
(i)
meets division standards; and
(ii)
is performed within a two-year period after the applicant's completion of the 
substance use disorder education program described in Subsection (6)(b), unless, 
as determined by the division after consultation with the board, the time for 
performance is extended due to an extenuating circumstance.
Section 18, Section 
58-61-304
 is amended to read:
58-61-304. Qualifications for licensure by examination or endorsement.
(1)
An applicant for licensure as a psychologist based upon education, clinical training, and 
examination shall:
(a)
submit an application on a form 
provided by 
the division
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
produce certified transcripts of credit verifying satisfactory completion of a doctoral 
degree in psychology that includes specific core course work established by division 
rule under Section 
58-1-203
, from an institution of higher education whose doctoral 
program, at the time the applicant received the doctoral degree, met approval criteria 
established by division rule made in consultation with the board;
(d)
have completed a minimum of 4,000 hours of psychology training as defined by 
division rule under Section 
58-1-203
 under the supervision of a psychologist 
supervisor approved by the division in collaboration with the board;
(e)
to be qualified to engage in mental health therapy, document successful completion 
of not less than 1,000 hours of supervised training in mental health therapy obtained 
after completion of a master's level of education in psychology, which training may 
be included as part of the 4,000 hours of training required in Subsection (1)(d), and 
for which documented evidence demonstrates not less than one hour of supervision 
for each 40 hours of supervised training was obtained under the direct supervision of 
a psychologist, as defined by rule;
(f)
pass the examination requirement established by division rule under Section 
58-1-203
;
(g)
consent to a criminal background check in accordance with Section 
58-61-304.1
 and 
any requirements established by rule made in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act; and
(g)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
disclose any criminal history the division requests on a form the division 
approves; and
(iii)
meet any other standard related to the criminal background check described in 
Subsection 
(1)(g)(i)
, that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(h)
meet with the board, upon request for good cause, for the purpose of evaluating the 
applicant's qualifications for licensure.
(2)
An applicant for licensure as a psychologist by endorsement based upon licensure in 
another jurisdiction shall:
(a)
submit an application on a form 
provided by 
the division
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
not have any disciplinary action pending or in effect against the applicant's 
psychologist license in any jurisdiction;
(d)
have passed the Utah Psychologist Law and Ethics Examination established by 
division rule;
(e)
provide satisfactory evidence the applicant is currently licensed in another state, 
district, or territory of the United States, or in any other jurisdiction approved by the 
division in collaboration with the board;
(f)
provide satisfactory evidence the applicant has actively practiced psychology in that 
jurisdiction for not less than 2,000 hours or one year, whichever is greater;
(g)
provide satisfactory evidence that:
(i)
the education, supervised experience, examination, and all other requirements for 
licensure in that jurisdiction at the time the applicant obtained licensure were 
substantially equivalent to the licensure requirements for a psychologist in Utah at 
the time the applicant obtained licensure in the other jurisdiction; or
(ii)
the applicant is:
(A)
a current holder of Board Certified Specialist status in good standing from the 
American Board of Professional Psychology;
(B)
currently credentialed as a health service provider in psychology by the 
National Register of Health Service Providers in Psychology; or
(C)
currently holds a Certificate of Professional Qualification (CPQ) granted by 
the Association of State and Provincial Psychology Boards;
(h)
consent to a criminal background check in accordance with Section 
58-61-304.1
 and 
any requirements established by rule made in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act; and
(h)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection 
(2)(h)
(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves; and
(i)
meet with the board, upon request for good cause, for the purpose of evaluating the 
applicant's qualifications for licensure.
(3)
(a)
An applicant for certification as a psychology resident shall comply with the 
provisions of Subsections (1)(a), (b), (c), (g), and (h).
(b)
(i)
An individual's certification as a psychology resident is limited to the period of 
time necessary to complete clinical training as described in Subsections (1)(d) and 
(e) and extends not more than one year from the date the minimum requirement 
for training is completed, unless the individual presents satisfactory evidence to 
the division and the board that the individual is making reasonable progress 
toward passing the qualifying examination or is otherwise on a course reasonably 
expected to lead to licensure as a psychologist.
(ii)
The period of time under Subsection (3)(b)(i) may not exceed two years past the 
date the minimum supervised clinical training requirement has been completed.
(4)
An applicant for certification as a certified prescribing psychologist based upon 
education, clinical training, and examination shall:
(a)
have authority to engage in the practice of psychology under Subsection 
58-61-301
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
demonstrate by official transcript, or other official evidence satisfactory to the 
division, that the applicant:
(i)
has completed a doctoral degree in psychology that includes specific core course 
work established by division rule under Section 
58-1-203
, from an institution of 
higher education whose doctoral program, at the time the applicant received the 
doctoral degree, met approval criteria established by division rule made in 
consultation with the board;
(ii)
has completed a master's degree in clinical psychopharmacology from an 
institution of higher learning whose master's program, at the time the applicant 
received the master's degree, included at least 30 credit hours of didactics 
coursework over no less than four semesters, met approval criteria established by 
division rule made in consultation with the board and includes the following core 
areas of instruction:
(A)
neuroscience, pharmacology, psychopharmacology, physiology, and 
pathophysiology;
(B)
appropriate and relevant physical and laboratory assessment;
(C)
basic sciences, including general biology, microbiology, cell and molecular 
biology, human anatomy, human physiology, biochemistry, and genetics, as 
part of or 
prior to
before
 enrollment in a master's degree in clinical 
psychopharmacology; and
(D)
any other areas of instruction determined necessary by the division, in 
collaboration with the board, as established by division rule; and
(iii)
has completed postdoctoral supervised training, as defined by division rule made 
in consultation with the board, in prescribing psychology under the direction of a 
licensed physician, including:
(A)
not less than 4,000 hours of supervised clinical training throughout a period of 
at least two years; and
(B)
for an applicant for a prescription certificate who specializes in the 
psychological care of children 17 years old or younger, persons 65 years old or 
older, or persons with comorbid medical conditions, at least one year 
prescribing psychotropic medications to those populations, as certified by the 
applicant's supervising licensed physician;
(d)
have passed:
(i)
the Psychopharmacology Examination for Psychologists developed by the 
Association of State and Provincial Psychology Boards, or 
its
the association's
successor organization; or
(ii)
an equivalent examination as defined by the division in rule;
(e)
not have any disciplinary action pending or in effect against the applicant's 
psychologist license or other professional license authorizing the applicant to 
prescribe in any jurisdiction;
(f)
consent to a criminal background check in accordance with Section 
58-61-304.1
 and 
any requirements established by rule made in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act;
(f)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection 
(4)(f)(i)
, that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves;
(g)
commit to maintaining professional liability insurance while acting as a certified 
prescribing psychologist; and
(h)
meet with the board, upon request for good cause, for the purpose of evaluating the 
applicant's qualifications for licensure.
(5)
An applicant for certification as a certified prescribing psychologist by endorsement 
based upon licensure in another jurisdiction shall:
(a)
submit an application on a form 
provided by 
the division
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
not have any disciplinary action pending or in effect against the applicant's 
psychologist license or other professional license authorizing the applicant to 
prescribe in any jurisdiction;
(d)
have passed the Utah Psychologist Law and Ethics Examination established by 
division rule;
(e)
provide satisfactory evidence that the applicant is currently licensed as a prescribing 
psychologist in another state, district, or territory of the United States, or in any other 
jurisdiction approved by the division in collaboration with the board;
(f)
provide satisfactory evidence that the applicant has actively practiced as a prescribing 
psychologist in that jurisdiction for not less than 4,000 hours or two years, whichever 
is greater;
(g)
provide satisfactory evidence that the applicant has satisfied the education, 
supervised experience, examination, and all other requirements for licensure as a 
prescribing psychologist in that jurisdiction at the time the applicant obtained 
licensure were substantially equivalent to the licensure requirements for a certified 
prescribing psychologist in Utah at the time the applicant obtained licensure in the 
other jurisdiction;
(h)
consent to a criminal background check in accordance with Section 
58-61-304.1
 and 
any requirements established by rule made in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act;
(h)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection 
(5)(h)(i)
, that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves;
(i)
commit to maintaining professional liability insurance while acting as a certified 
prescribing psychologist; and
(j)
meet with the board, upon request for good cause, for the purpose of evaluating the 
applicant's qualifications for licensure.
(6)
An applicant for certification as a provisional prescribing psychologist shall:
(a)
have authority to engage in the practice of psychology under Section 
58-61-301
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
demonstrate by official transcript, or other official evidence satisfactory to the 
division, that the applicant:
(i)
has completed a doctoral degree in psychology that includes specific core course 
work established by division rule under Section 
58-1-203
, from an institution of 
higher education whose doctoral program, at the time the applicant received the 
doctoral degree, met approval criteria established by division rule made in 
consultation with the board; and
(ii)
has completed a master's degree in clinical psychopharmacology from an 
institution of higher learning whose master's program, at the time the applicant 
received the master's degree, met approval criteria established by division rule 
made in consultation with the board and includes the following core areas of 
instruction:
(A)
neuroscience, pharmacology, psychopharmacology, physiology, and 
pathophysiology;
(B)
appropriate and relevant physical and laboratory assessment;
(C)
basic sciences, including general biology, microbiology, cell and molecular 
biology, human anatomy, human physiology, biochemistry, and genetics, as 
part of or 
prior to
before
 enrollment in a master's degree in clinical 
psychopharmacology; and
(D)
any other areas of instruction determined necessary by the division, in 
collaboration with the board, as established by division rule;
(d)
have no disciplinary action pending or in effect against the applicant's psychologist 
license or other professional license authorizing the applicant to prescribe in any 
jurisdiction;
(e)
consent to a criminal background check in accordance with Section 
58-61-304.1
 and 
any requirements established by rule made in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act;
(e)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (6)(e)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves;
(f)
commit to maintaining professional liability insurance while acting as a provisional 
prescribing psychologist;
(g)
meet with the board, upon request for good cause, for the purpose of evaluating the 
applicant's qualifications for licensure; and
(h)
satisfy any further requirements, as established by the division in rule.
(7)
An applicant for licensure as a licensed school psychological practitioner shall:
(a)
submit an application on a form 
provided by 
the division
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
produce certified transcripts of credit verifying satisfactory completion of a master's 
degree or equivalent certification program approved by the division that:
(i)
consists of at least 60 semester hours or 90 quarter hours in school psychology at 
an accredited institution; and
(ii)
includes training in at least the following topics:
(A)
understanding the organization, administration, and operation of schools, the 
major roles of personnel employed in schools, and curriculum development;
(B)
directing psychological and psycho-educational assessments and intervention 
2-118including
including
 all areas of exceptionality;
(C)
individual and group intervention and remediation techniques, including 
consulting, behavioral methods, counseling, and primary prevention;
(D)
understanding the ethical and professional practice and legal issues related to 
2-122the
the
 work of school psychologists;
(E)
social psychology, including interpersonal relations, communications, and 
consultation with students, parents, and professional personnel;
(F)
coordination and work with community-school relations and multicultural 
education programs and assessments; and
(G)
the use and evaluation of tests and measurements, developmental psychology, 
affective and cognitive processes, social and biological bases of behavior, 
personality, and psychopathology;
(d)
provide evidence demonstrating that the applicant has:
(i)
completed a one school year internship, or the equivalent, with a minimum of 
1,200 clock hours in school psychology, at least 600 hours of which shall be in a 
school setting or a setting with an educational component; and
(ii)
completed at least five years of successful experience as a school psychologist in 
the state; and
(e)
provide a recommendation from:
(i)
the institution that the applicant attended under Subsection (4)(c); and
(ii)
one or more local education agencies, as defined in Section 
53E-1-102
, that 
employed the applicant as a school psychologist for the period described in 
Subsection (4)(d)(ii).
Section 19, Section 
58-63-302
 is amended to read:
58-63-302. Qualifications for licensure.
(1)
Each applicant for licensure as an armored car company or a contract security company 
shall:
(a)
submit an application in a form 
prescribed by 
the division
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
have a qualifying agent who:
(i)
meets with the division and the board and demonstrates that the applicant and the 
qualifying agent meet the requirements of this section;
(ii)
is a resident of the state;
(iii)
is responsible management personnel or a company owner of the applicant;
(iv)
exercises material day-to-day authority in the conduct of the applicant's business 
by making substantive technical and administrative decisions and whose primary 
employment is with the applicant;
(v)
is not concurrently acting as a qualifying agent or employee of another armored 
car company or contract security company and is not engaged in any other 
employment on a regular basis;
(vi)
is not involved in any activity that would conflict with the qualifying agent's 
duties and responsibilities under this chapter to ensure that the qualifying agent's 
and the applicant's performance under this chapter does not jeopardize the health 
or safety of the general public;
(vii)
is not an employee of a government agency;
(viii)
passes an examination component established by rule by the division in 
collaboration with the board and in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
; and
(ix)
(A)
demonstrates 6,000 hours of compensated experience as a manager, 
supervisor, or administrator of an armored car company or a contract security 
company; or
(B)
demonstrates 6,000 hours of supervisory experience acceptable to the division 
in collaboration with the board with a federal, United States military, state, 
county, or municipal law enforcement agency;
(d)
provide the name, address, date of birth, social security number, fingerprint card, 
and consent to a criminal background check in accordance with Section 
58-63-302.1
and requirements established by division rule made in accordance with 
Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act
, for
require that
 each company 
officer, company owner, company proprietor, company trustee, and responsible 
management personnel with direct responsibility for managing operations of the 
applicant within the state
:
(i)
provide name, address, date of birth, social security number, and fingerprints
;
 and
(ii)
(A)
consent to, and complete, a criminal background check, described in 
Section 
58-1-301.5
;
(B)
meet any other standard related to the criminal background check described in 
Subsection (1)(d)(ii)(A), that the division establishes by rule in accordance 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(C)
disclose any criminal history the division requests on a form the division 
approves;
(e)
have company officers, company owners, company proprietors, company trustees, 
and responsible management personnel who have not been convicted of:
(i)
a felony; or
(ii)
a crime that when considered with the duties and responsibilities of a contract 
security company or an armored car company by the division and the board 
indicates that the best interests of the public are not served by granting the 
applicant a license;
(f)
document that none of the 
persons
individuals
 described in Subsection 
(1)(e)
:
(i)
have been declared by a court of competent jurisdiction incompetent by reason of 
mental defect or disease and not been restored; or
(ii)
currently suffer from habitual drunkenness or from drug addiction or dependence;
(g)
file and maintain with the division evidence of:
(i)
comprehensive general liability insurance in a form and in amounts established by 
rule by the division in collaboration with the board and in accordance with 
Title 
63G, Chapter 3, Utah Administrative Rulemaking Act
;
(ii)
workers' compensation insurance that covers employees of the applicant in 
accordance with applicable Utah law;
(iii)
registration with the Division of Corporations and Commercial Code; and
(iv)
registration as required by applicable law with the:
(A)
Unemployment Insurance Division in the Department of Workforce Services, 
for purposes of 
Title 35A, Chapter 4, Employment Security Act
;
(B)
State Tax Commission; and
(C)
Internal Revenue Service; and
(h)
meet with the division and board if requested by the division or board.
(2)
Each applicant for licensure as an armed private security officer:
(a)
shall submit an application in a form
 prescribed by
 the division
 approves
;
(b)
shall pay a fee determined by the department under Section 
63J-1-504
;
(c)
may not have been convicted of:
(i)
a felony; or
(ii)
a crime that when considered with the duties and responsibilities of an armed 
private security officer by the division and the board indicates that the best 
interests of the public are not served by granting the applicant a license;
(d)
may not be prohibited from possession of a firearm or ammunition under 18 U.S.C. 
Sec. 922(g);
(e)
may not have been declared incompetent by a court of competent jurisdiction by 
reason of mental defect or disease and not been restored;
(f)
may not be currently suffering from habitual drunkenness or from drug addiction or 
dependence;
(g)
shall successfully complete basic education and training requirements established by 
rule by the division in collaboration with the board and in accordance with 
Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act
, which shall include a minimum of 
eight hours of classroom or online curriculum;
(h)
shall successfully complete firearms training requirements established by rule by the 
division in collaboration with the board and in accordance with 
Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act
, which shall include a minimum of 12 hours of 
training;
(i)
shall pass the examination requirement established by rule by the division in 
collaboration with the board and in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
;
(j)
shall submit to and pass a background check in accordance with Section 
58-63-302.1
and requirements established by division rule made in accordance with 
Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act
; and
shall:
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (1)(j)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves; and
(k)
shall meet with the division and board if requested by the division or the board.
(3)
Each applicant for licensure as an unarmed private security officer:
(a)
shall submit an application in a form
 prescribed by
 the division
 approves
;
(b)
shall pay a fee determined by the department under Section 
63J-1-504
;
(c)
may not have been convicted of:
(i)
a felony; or
(ii)
a crime that when considered with the duties and responsibilities of an unarmed 
private security officer by the division and the board indicates that the best 
interests of the public are not served by granting the applicant a license;
(d)
may not have been declared incompetent by a court of competent jurisdiction by 
reason of mental defect or disease and not been restored;
(e)
may not be currently suffering from habitual drunkenness or from drug addiction or 
dependence;
(f)
shall successfully complete basic education and training requirements established by 
rule by the division in collaboration with the board and in accordance with 
Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act
, which shall include a minimum of 
eight hours of classroom or online curriculum;
(g)
shall pass the examination requirement established by rule by the division in 
collaboration with the board and in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
;
(h)
shall submit to and pass a background check in accordance with Section 
58-63-302.1
and requirements established by division rule made in accordance with 
Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act
; and
shall:
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (1)(h)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves; and
(i)
shall meet with the division and board if requested by the division or board.
(4)
Each applicant for licensure as an armored car security officer:
(a)
shall submit an application in a form
 prescribed by
 the division
 approves
;
(b)
shall pay a fee determined by the department under Section 
63J-1-504
;
(c)
may not have been convicted of:
(i)
a felony; or
(ii)
a crime that when considered with the duties and responsibilities of an armored 
car security officer by the division and the board indicates that the best interests of 
the public are not served by granting the applicant a license;
(d)
may not be prohibited from possession of a firearm or ammunition under 18 U.S.C. 
Sec. 922(g);
(e)
may not have been declared incompetent by a court of competent jurisdiction by 
reason of mental defect or disease and not been restored;
(f)
may not be currently suffering from habitual drunkenness or from drug addiction or 
dependence;
(g)
shall successfully complete basic education and training requirements established by 
rule by the division in collaboration with the board and in accordance with 
Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act
;
(h)
shall successfully complete firearms training requirements established by rule by the 
division in collaboration with the board and in accordance with 
Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act
;
(i)
shall pass the examination requirements established by rule by the division in 
collaboration with the board and in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
;
(j)
shall submit to and pass a background check in accordance with Section 
58-63-302.1
and requirements established by division rule made in accordance with 
Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act
; and
shall:
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (4)(j)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves; and
(k)
shall meet with the division and board if requested by the division or the board.
(5)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
division may make a rule establishing when the division shall request a Federal Bureau 
of Investigation records' review for an applicant who is applying for licensure or 
licensure renewal under this chapter.
Section 20, Section 
58-64-302
 is amended to read:
58-64-302. Qualifications for licensure.
(1)
Each 
An 
applicant for licensure as a deception detection examiner:
(a)
shall submit an application in a form 
prescribed by 
the division
 approves
;
(b)
shall pay a fee determined by the department under Section 
63J-1-504
;
(c)
may not have been convicted of a felony or any other crime that when considered 
with the duties and responsibilities of a deception detection examiner is considered 
by the division to indicate that the best interests of the public will not be served by 
granting the applicant a license;
(d)
may not have been declared by any court of competent jurisdiction incompetent by 
reason of mental defect or disease and not been restored;
(e)
may not be currently suffering from habitual drunkenness or from drug addiction or 
dependence;
(f)
shall have completed one of the following:
(i)
have earned a bachelor's degree from a 
four year
four-year
 university or college 
meeting standards 
established by 
the division 
establishes 
by rule made in 
accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
(ii)
have completed not less than 8,000 hours of investigation experience approved by 
the division; or
(iii)
have completed a combination of university or college education and 
investigation experience, as defined by rule made by the division in accordance 
with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, as being 
equivalent to the requirements under Subsection 
(1)(f)(i)
 or 
(1)(f)(ii)
;
(g)
shall have successfully completed a training program in detection deception meeting 
criteria 
established by rule made by 
the division 
establishes by rule made 
in 
accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
(h)
shall submit to and pass a background check in accordance with Section 
58-64-302.1
and requirements established by division rule made in accordance with 
Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act
; and
shall:
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection 
(1)(h)(i)
, that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves; and
(i)
shall have performed satisfactorily as a licensed deception detection intern for a 
period of not less than one year and shall have satisfactorily conducted not less than 
100 deception detection examinations under the supervision of a licensed deception 
detection examiner.
(2)
Each 
An 
applicant for licensure as a deception detection intern:
(a)
shall submit an application in a form 
prescribed by 
the division
 approves
;
(b)
shall pay a fee determined by the department under Section 
63J-1-504
;
(c)
may not have been convicted of a felony or any other crime that when considered 
with the duties and responsibilities of a deception detection intern is considered by 
the division to indicate that the best interests of the public will not be served by 
granting the applicant a license;
(d)
may not have been declared by any court of competent jurisdiction incompetent by 
reason of mental defect or disease and not been restored;
(e)
may not be currently suffering from habitual drunkenness or from drug addiction or 
dependence;
(f)
shall have completed one of the following:
(i)
have earned a bachelor's degree from a 
four year
four-year
 university or college 
meeting standards 
established by 
the division 
establishes 
by rule made in 
accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
(ii)
have completed not less than 8,000 hours of investigation experience approved by 
the division; or
(iii)
have completed a combination of university or college education and 
investigation experience, as defined by rule 
made by 
the division
 makes
 in 
accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, as 
being equivalent to the requirements under Subsection 
(2)(f)(i)
 or 
(2)(f)(ii)
;
(g)
shall have successfully completed a training program in detection deception meeting 
criteria established by rule 
made by 
the division
 makes
 in accordance with 
Title 
63G, Chapter 3, Utah Administrative Rulemaking Act
;
(h)
shall submit to and pass a background check in accordance with Section 
58-64-302.1
and requirements established by division rule made in accordance with 
Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act
; and
shall:
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection 
(2)(h)(i)
, that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves; and
(i)
shall provide the division with an intern supervision agreement in a form 
prescribed 
by 
the division 
approves 
under which:
(i)
a licensed deception detection examiner agrees to supervise the intern; and
(ii)
the applicant agrees to be supervised by that licensed deception detection 
examiner.
(3)
Each 
An 
applicant for licensure as a deception detection examination administrator:
(a)
shall submit an application in a form
 prescribed by
 the division
 approves
;
(b)
shall pay a fee determined by the department under Section 
63J-1-504
;
(c)
may not have been convicted of a felony or any other crime that when considered 
with the duties and responsibilities of a deception detection examination 
administrator is considered by the division to indicate that the best interests of the 
public will not be served by granting the applicant a license;
(d)
may not have been declared by a court of competent jurisdiction incompetent by 
reason of mental defect or disease and not been restored;
(e)
may not be currently suffering from habitual drunkenness or from drug addiction or 
dependence;
(f)
shall have earned an associate degree from a state-accredited university or college or 
have an equivalent number of years' work experience;
(g)
shall submit to and pass a background check in accordance with Section 
58-64-302.1
and requirements established by division rule made in accordance with 
Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act
; and
shall:
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection 
(3)(g)(i)
, that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves; and
(h)
shall have successfully completed a training program and have obtained certification 
in deception detection examination administration provided by the manufacturer of a 
scientific or technology-based software application solution that 
is approved by 
the 
director
 approves
.
Section 21, Section 
58-67-302
 is amended to read:
58-67-302. Qualifications for licensure.
(1)
An applicant for licensure as a physician and surgeon, except as set forth in Subsection 
(2)
, shall:
(a)
submit an application in a form 
prescribed by 
the division
 approves
, which may 
include:
(i)
submissions by the applicant of information maintained by practitioner data banks, 
as designated by division rule, with respect to the applicant;
(ii)
a record of professional liability claims made against the applicant and 
settlements paid by or on behalf of the applicant; and
(iii)
authorization to use a record coordination and verification service 
approved by 
the division in collaboration with the board
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
if the applicant is applying to participate in the Interstate Medical Licensure 
Compact under 
Chapter 67b, Interstate Medical Licensure Compact
, consent to a 
criminal background check in accordance with Section 
58-67-302.1
 and any 
requirements established by rule made in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
;
(c)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection 
(1)
(c)
(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves;
(d)
provide satisfactory documentation of having successfully completed a program of 
professional education preparing an individual as a physician and surgeon, as 
evidenced by:
(i)
having received an earned degree of doctor of medicine from an LCME accredited 
medical school or college; or
(ii)
if the applicant graduated from a medical school or college located outside the 
United States or 
its
the United States'
 territories, submitting a current certification 
by the Educational Commission for Foreign Medical Graduates or any successor 
organization approved by the division in collaboration with the board;
(e)
satisfy the division and board that the applicant:
(i)
has successfully completed 24 months of progressive resident training in a 
program approved by the ACGME, the Royal College of Physicians and 
Surgeons, the College of Family Physicians of Canada, or any similar body in the 
United States or Canada approved by the division in collaboration with the board; 
or
(ii)
(A)
has successfully completed 12 months of resident training in an ACGME 
approved program after receiving a degree of doctor of medicine as required 
under Subsection 
(1)(d)
;
(B)
has been accepted in and is successfully participating in progressive resident 
training in an ACGME approved program within Utah, in the applicant's 
second or third year of postgraduate training; and
(C)
has agreed to surrender to the division the applicant's license as a physician 
and surgeon without any proceedings under 
Title 63G, Chapter 4, 
Administrative Procedures Act
, and has agreed the applicant's license as a 
physician and surgeon 
will
may
 be automatically revoked by the division if 
the applicant fails to continue in good standing in an ACGME approved 
progressive resident training program within the state;
(f)
pass the licensing examination sequence required by division rule made in 
collaboration with the board;
(g)
be able to read, write, speak, understand, and be understood in the English language 
and demonstrate proficiency to the satisfaction of the board if requested by the board;
(h)
meet with the board and representatives of the division, if requested, for the purpose 
of evaluating the applicant's qualifications for licensure;
(i)
designate:
(i)
a contact person for access to medical records in accordance with the federal 
Health Insurance Portability and Accountability Act; and
(ii)
an alternate contact person for access to medical records, in the event the original 
contact person is unable or unwilling to serve as the contact person for access to 
medical records; and
(j)
establish a method for notifying patients of the identity and location of the contact 
person and alternate contact person, if the applicant will practice in a location with no 
other persons licensed under this chapter.
(2)
An applicant for licensure as a physician and surgeon by endorsement who is currently 
licensed to practice medicine in any state other than Utah, a district or territory of the 
United States, or Canada shall:
(a)
be currently licensed with a full unrestricted license in good standing in any state, 
district, or territory of the United States, or Canada;
(b)
have been actively engaged in the legal practice of medicine in any state, district, or 
territory of the United States, or Canada for not less than 6,000 hours during the five 
years immediately preceding the date of application for licensure in Utah;
(c)
comply with the requirements for licensure under Subsections 
(1)(a)
 through 
(d)
, 
(1)(e)(i)
, and 
(1)(g)
 through 
(j)
;
(d)
have passed the licensing examination sequence required in Subsection 
(1)(f)
 or 
another medical licensing examination sequence in another state, district or territory 
of the United States, or Canada that the division in collaboration with the board by 
rulemaking determines is equivalent to 
its
the board's
 own required examination;
(e)
not have any investigation or action pending against any health care license of the 
applicant, not have a health care license that was suspended or revoked in any state, 
district or territory of the United States, or Canada, and not have surrendered a health 
care license in lieu of a disciplinary action, unless:
(i)
the license was subsequently reinstated as a full unrestricted license in good 
standing; or
(ii)
the division in collaboration with the board determines to 
its
the board's
satisfaction, after full disclosure by the applicant, that:
(A)
the conduct has been corrected, monitored, and resolved; or
(B)
a mitigating circumstance exists that prevents 
its
the investigation's or action's
resolution, and the division in collaboration with the board is satisfied that, but 
for the mitigating circumstance, the license would be reinstated;
(f)
submit to a records review, a practice history review, and comprehensive 
assessments, if requested by the division in collaboration with the board; and
(g)
produce satisfactory evidence that the applicant meets the requirements of this 
Subsection 
(2)
 to the satisfaction of the division in collaboration with the board.
(3)
An applicant for licensure by endorsement may engage in the practice of medicine 
under a temporary license while the 
division processes the 
applicant's application for 
licensure 
is being processed by the division, provided
if
:
(a)
the applicant submits a complete application required for temporary licensure to the 
division;
(b)
the applicant submits a written document to the division from:
(i)
a health care facility licensed under 
Title 26B, Chapter 2, Part 2, Health Care 
Facility Licensing and Inspection
, stating that the applicant is practicing under the:
(A)
invitation of the health care facility; and
(B)
the general supervision of a physician practicing at the facility; or
(ii)
two individuals licensed under this chapter, whose license is in good standing and 
who practice in the same clinical location, both stating that:
(A)
the applicant is practicing under the invitation and general supervision of the 
individual; and
(B)
the applicant will practice at the same clinical location as the individual;
(c)
the applicant submits a signed certification to the division that the applicant meets 
the requirements of Subsection 
(2)
;
(d)
the applicant does not engage in the practice of medicine until the division 
has issued
issues
 a temporary license;
(e)
the temporary license is 
only 
issued for 
only one year from the date of issuance 
and 
may not be extended or renewed
 beyond the duration of one year from issuance
; and
(f)
the temporary license expires immediately and 
prior to
before
 the expiration of one 
year from issuance, upon notification from the division that 
the division denied 
the 
applicant's application for licensure by endorsement
 is denied
.
(4)
The division shall issue a temporary license under Subsection 
(3)
 within 15 business 
days after
 the day on which
 the applicant satisfies the requirements of Subsection 
(3)
.
(5)
The division may not require the following requirements for licensure:
(a)
a post-residency board certification; or
(b)
a cognitive test when the physician reaches a specified age, unless:
(i)
the screening is based on evidence of cognitive changes associated with aging that 
are relevant to physician performance;
(ii)
the screening is based on principles of medical ethics;
(iii)
physicians are involved in the development of standards for assessing 
competency;
(iv)
guidelines, procedures, and methods of assessment, which may include cognitive 
screening, are relevant to physician practice and to the physician's ability to 
perform the tasks specifically required in the physician's practice environment;
(v)
the primary driver for establishing assessment results is the ethical obligation of 
the profession to the health of the public and patient safety;
(vi)
the goal of the assessment is to optimize physician competency and performance 
through education, remediation, and modifications to a physician's practice 
environment or scope;
(vii)
a credentialing committee determines that public health or patient safety is 
directly threatened, the screening permits a physician to retain the right to modify 
the physician's practice environment to allow the physician to continue to provide 
safe and effective care;
(viii)
guidelines, procedures, and methods of assessment are transparent to physicians 
and physicians' representatives, if requested by a physician or a physician's 
representative, and physicians are made aware of the specific methods used, 
performance expectations and standards against which performance will be 
judged, and the possible outcomes of the screening or assessment;
(ix)
education or remediation practices that result from screening or assessment 
procedures are:
(A)
supportive of physician wellness;
(B)
ongoing; and
(C)
proactive; and
(x)
procedures and screening mechanisms that are distinctly different from for cause 
assessments do not result in undue cost or burden to senior physicians providing 
patient care.
Section 22, Section 
58-67-503
 is amended to read:
58-67-503. Penalties and administrative actions for unlawful and unprofessional 
conduct.
(1)
Any person 
who
that
 violates the unlawful conduct provisions of Section 
58-67-501
 or 
Section 
58-1-501
 is guilty of a third degree felony.
(2)
(a)
Subject to Subsection 
(4)
, the division may punish unprofessional or unlawful 
conduct by:
(i)
assessing administrative penalties; or
(ii)
taking other appropriate administrative action.
(b)
A
The division shall deposit a
 monetary administrative penalty imposed under this 
section 
shall be deposited 
into the Physician Education
 and Enforcement
 Fund 
created in Section 
58-67a-1
.
(3)
If a licensee 
has been
is
 convicted of unlawful conduct, described in Section 
58-67-501
, 
before an administrative proceeding regarding the same conduct, the division may not 
assess an additional administrative fine under this chapter for the same conduct.
(4)
(a)
If the division concludes that an individual has violated provisions of Section 
58-67-501
, Section 
58-67-502
, 
Chapter 1, Division of Professional Licensing Act
, 
Chapter 37, Utah Controlled Substances Act
, or any rule or order issued with respect 
to these provisions, and disciplinary action is appropriate, the director or director's 
designee shall:
(i)
issue a citation to the individual;
(ii)
attempt to negotiate a stipulated settlement; or
(iii)
(A)
notify the individual that 
the division will commence 
an adjudicative 
proceeding conducted under 
Title 63G, Chapter 4, Administrative Procedures 
Act
, will be commenced 
; 
and
(B)
invite
 the individual 
is invited 
to appear.
(b)
The division may take the following action against an individual who is in violation 
of a provision described in Subsection 
(4)(a)
, as evidenced by an uncontested 
citation, a stipulated settlement, or a finding of violation in an adjudicative 
proceeding:
(i)
assess a fine of up to $10,000 per single violation or up to $2,000 per day of 
ongoing violation, whichever is greater, in accordance with a fine schedule 
established by rule; or
(ii)
order to cease and desist from the behavior that constitutes a violation of the 
provisions described in Subsection 
(4)(a)
.
(c)
An 
The division may not suspend or revoke an 
individual's license 
may not be 
suspended or revoked 
through a citation.
(d)
Each citation issued under this section shall:
(i)
be in writing;
(ii)
clearly describe or explain:
(A)
the nature of the violation, including a reference to the provision of the 
chapter, rule, or order alleged to have been violated;
(B)
that the recipient must notify the division in writing within 20 calendar days 
from the day on which the citation is served if the recipient wishes to contest 
the citation at a hearing conducted under 
Title 63G, Chapter 4, Administrative 
Procedures Act
; and
(C)
the consequences of failure to timely contest the citation or pay the fine 
assessed by the citation within the time specified in the citation; and
(iii)
be served in accordance with the Utah Rules of Civil Procedure.
(e)
(i)
If the individual to whom 
the citation is issued
the division issues the citation
fails to request a hearing to contest the citation within 20 calendar days from the 
day on which the 
division serves the 
citation 
is served
, the citation
:
(A)
becomes the final order of the division
;
 and
(B)
is not subject to further agency review.
(ii)
The 
The division may extend the 
period to contest the citation 
may be extended 
by the division 
for cause.
(f)
The division may refuse to issue or renew or suspend, revoke, or place on probation 
the license of an individual who fails to comply with a citation after the citation 
becomes final.
(g)
The failure of an applicant for licensure to comply with a citation after 
it
the citation
becomes final is 
a ground
grounds
 for denial of license.
(h)
No citation may be issued 
The division may not issue a citation 
under this section 
after the expiration of one year following the date on which the 
division receives the 
report of the 
violation that is the subject of the citation
 is reported to the division
.
(5)
(a)
The director may collect a penalty imposed under this section that is not paid by:
(i)
referring the matter to a collection agency; or
(ii)
bringing an action in the district court of the county where the person against 
whom the penalty is imposed resides or in the county where the office of the 
director is located.
(b)
A county attorney or the attorney general of the state shall provide legal assistance 
and advice to the director in an action to collect a penalty.
(c)
A court shall award reasonable attorney fees and costs to the prevailing party in an 
action brought by the division to collect a penalty.
Section 23, Section 
58-67a-1
 is amended to read:
58-67a-1. Physicians Education and Enforcement Fund.
(1)
There is created an expendable special revenue fund known as the "Physicians 
Education 
and Enforcement 
Fund
.
"
 to receive and account for revenue and expenditures 
for making education available to physicians and surgeons, osteopathic physicians and 
surgeons, and naturopathic physicians, concerning the requirements of 
Title 58, 
Occupations and Professions
, division rules, and requirements under 
Title 58, Chapter 
37, Utah Controlled Substances Act
, and division rules made under that chapter.
(2)
Administrative 
The division shall deposit 
penalties ordered and collected 
pursuant to
under
 this section 
shall be deposited in the account
into the Physicians Education and 
Enforcement Fund
.
(3)
The 
fund
Physicians Education and Enforcement Fund
 shall earn interest
,
 and 
the 
division shall deposit 
all interest earned on account money 
shall be deposited 
into the 
account.
(4)
The director, with the concurrence of the board, may make distributions from the fund 
for the following purposes:
(a)
to make available 
education and training
:
(i)
that covers:
(A)
the requirements of this title;
(B)
division rules related to this title;
(C)
the requirements of Chapter 37, Utah Controlled Substances Act; and
(D)
any division rules related to Chapter 37, Utah Controlled Substances Act; and
(ii)
that the division makes available 
for
:
(A)
physicians and surgeons
, 
;
(B)
osteopathic physicians and surgeons
, and
;
(C)
naturopathic physicians
.
;
(D)
division staff; and
(E)
members of the board; and
(b)
enforcement of Chapter 67, Utah Medical Practice Act, Chapter 68, Utah 
Osteopathic Medical Practice Act, and Chapter 71, Naturopathic Physician Practice 
Act, by:
(i)
investigating unprofessional or unlawful conduct;
(ii)
obtaining legal representation for the division to bring an action against a person 
engaging in unprofessional or unlawful conduct; and
(iii)
monitoring compliance of renewal requirements.
(5)
If the balance in the fund exceeds $100,000 at the close of any fiscal year, the 
excess 
shall be transferred 
division shall transfer any amount that exceeds $100,000 
to the 
General Fund.
(6)
The division shall report on the fund annually to the appropriate appropriations 
subcommittee of the Legislature.
Section 24, Section 
58-68-302
 is amended to read:
58-68-302. Qualifications for licensure.
(1)
An applicant for licensure as an osteopathic physician and surgeon, except as set forth 
in Subsection 
(2)
, shall:
(a)
submit an application in a form 
prescribed by 
the division
 approves
, which may 
include:
(i)
submissions by the applicant of information maintained by practitioner data banks, 
as designated by division rule, with respect to the applicant;
(ii)
a record of professional liability claims made against the applicant and 
settlements paid by or on behalf of the applicant; and
(iii)
authorization to use a record coordination and verification service approved by 
the division in collaboration with the board;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
if the applicant is applying to participate in the Interstate Medical Licensure 
Compact under 
Chapter 67b, Interstate Medical Licensure Compact
, consent to a 
criminal background check in accordance with Section 
58-68-302.1
 and any 
requirements established by rule made in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
;
(c)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection 
(1)
(c)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves;
(d)
provide satisfactory documentation of having successfully completed a program of 
professional education preparing an individual as an osteopathic physician and 
surgeon, as evidenced by:
(i)
having received an earned degree of doctor of osteopathic medicine from an AOA 
approved medical school or college; or
(ii)
submitting a current certification by the Educational Commission for Foreign 
Medical Graduates or any successor organization approved by the division in 
collaboration with the board, if the applicant is graduated from an osteopathic 
medical school or college located outside of the United States or its territories 
which at the time of the applicant's graduation, met criteria for accreditation by the 
AOA;
(e)
satisfy the division and board that the applicant:
(i)
has successfully completed 24 months of progressive resident training in an 
ACGME or AOA approved program after receiving a degree of doctor of 
osteopathic medicine required under Subsection 
(1)(d)
; or
(ii)
(A)
has successfully completed 12 months of resident training in an ACGME 
or AOA approved program after receiving a degree of doctor of osteopathic 
medicine as required under Subsection 
(1)(d)
;
(B)
has been accepted in and is successfully participating in progressive resident 
training in an ACGME or AOA approved program within Utah, in the 
applicant's second or third year of postgraduate training; and
(C)
has agreed to surrender to the division the applicant's license as an osteopathic 
physician and surgeon without any proceedings under 
Title 63G, Chapter 4, 
Administrative Procedures Act
, and has agreed the applicant's license as an 
osteopathic physician and surgeon will be automatically revoked by the 
division if the applicant fails to continue in good standing in an ACGME or 
AOA approved progressive resident training program within the state;
(f)
pass the licensing examination sequence required by division rule, as made in 
collaboration with the board;
(g)
be able to read, write, speak, understand, and be understood in the English language 
and demonstrate proficiency to the satisfaction of the board, if requested by the board;
(h)
meet with the board and representatives of the division, if requested for the purpose 
of evaluating the applicant's qualifications for licensure;
(i)
designate:
(i)
a contact person for access to medical records in accordance with the federal 
Health Insurance Portability and Accountability Act; and
(ii)
an alternate contact person for access to medical records, in the event the original 
contact person is unable or unwilling to serve as the contact person for access to 
medical records; and
(j)
establish a method for notifying patients of the identity and location of the contact 
person and alternate contact person, if the applicant will practice in a location with no 
other persons licensed under this chapter.
(2)
An applicant for licensure as an osteopathic physician and surgeon by endorsement who 
is currently licensed to practice osteopathic medicine in any state other than Utah, a 
district or territory of the United States, or Canada shall:
(a)
be currently licensed with a full unrestricted license in good standing in any state, 
district or territory of the United States, or Canada;
(b)
have been actively engaged in the legal practice of osteopathic medicine in any state, 
district or territory of the United States, or Canada for not less than 6,000 hours 
during the five years immediately preceding the day on which the applicant applied 
for licensure in Utah;
(c)
comply with the requirements for licensure under Subsections 
(1)(a)
 through 
(d)
, 
(1)(e)(i)
, and 
(1)(g)
 through 
(j)
;
(d)
have passed the licensing examination sequence required in Subsection 
(1)(f)
 or 
another medical licensing examination sequence in another state, district or territory 
of the United States, or Canada that the division in collaboration with the board by 
rulemaking determines is equivalent to 
its
the board's
 own required examination;
(e)
not have any investigation or action pending against any health care license of the 
applicant, not have a health care license that was suspended or revoked in any state, 
district or territory of the United States, or Canada, and not have surrendered a health 
care license in lieu of a disciplinary action, unless:
(i)
the license was subsequently reinstated as a full unrestricted license in good 
standing; or
(ii)
the division in collaboration with the board determines, after full disclosure by 
the applicant, that:
(A)
the conduct has been corrected, monitored, and resolved; or
(B)
a mitigating circumstance exists that prevents its resolution, and the division 
in collaboration with the board is satisfied that, but for the mitigating 
circumstance, the license would be reinstated;
(f)
submit to a records review, a practice review history, and physical and psychological 
assessments, if requested by the division in collaboration with the board; and
(g)
produce evidence that the applicant meets the requirements of this Subsection 
(2)
 to 
the satisfaction of the division in collaboration with the board.
(3)
An applicant for licensure by endorsement may engage in the practice of medicine 
under a temporary license while 
the division processes 
the applicant's application for 
licensure 
is being processed by the division, provided
if
:
(a)
the applicant submits a complete application required for temporary licensure to the 
division;
(b)
the applicant submits a written document to the division from:
(i)
a health care facility licensed under 
Title 26B, Chapter 2, Part 2, Health Care 
Facility Licensing and Inspection
, stating that the applicant is practicing under the:
(A)
invitation of the health care facility; and
(B)
the general supervision of a physician practicing at the health care facility; or
(ii)
two individuals licensed under this chapter, whose license is in good standing and 
who practice in the same clinical location, both stating that:
(A)
the applicant is practicing under the invitation and general supervision of the 
individual; and
(B)
the applicant will practice at the same clinical location as the individual;
(c)
the applicant submits a signed certification to the division that the applicant meets 
the requirements of Subsection 
(2)
;
(d)
the applicant does not engage in the practice of medicine until the division 
has issued
issues
 a temporary license;
(e)
the temporary license is 
only 
issued for
 only one year from the date of issuance
 and 
may not be extended or renewed
 beyond the duration of one year from issuance
; and
(f)
the temporary license expires immediately and 
prior to
before
 the expiration of one 
year from issuance, upon notification from the division that 
the division denied 
the 
applicant's application for licensure by endorsement
 is denied
.
(4)
The division shall issue a temporary license under Subsection 
(3)
 within 15 business 
days after the applicant satisfies the requirements of Subsection 
(3)
.
(5)
The division may not require a:
(a)
post-residency board certification; or
(b)
a cognitive test when the physician reaches a specified age, unless the test reflects 
the standards described in Subsections 
58-67-302(5)(b)(i)
 through 
(x)
.
Section 25, Section 
58-68-503
 is amended to read:
58-68-503. Penalties and administrative actions for unlawful and unprofessional 
conduct.
(1)
Any person 
who 
that 
violates the unlawful conduct provisions of Section 
58-68-501
 or 
Section 
58-1-501
 is guilty of a third degree felony.
(2)
(a)
Subject to Subsection 
(4)
, the division may punish unprofessional or unlawful 
conduct by:
(i)
assessing administrative penalties; or
(ii)
taking any other appropriate administrative action.
(b)
A
The division shall deposit a
 monetary administrative penalty imposed under this 
section 
shall be deposited 
into the Physician Education
 and Enforcement
 Fund 
described
created
 in Section 
58-67a-1
.
(3)
If a licensee is convicted of unlawful conduct, described in Section 
58-68-501
, before 
an administrative proceeding regarding the same conduct, 
the licensee may not be 
assessed
the division may not assess
 an
 additional
 administrative fine under this chapter 
for the same conduct.
(4)
(a)
If the division concludes that an individual has violated the provisions of Section 
58-68-501
, Section 
58-68-502
, 
Chapter 1, Division of Professional Licensing Act
, 
Chapter 37, Utah Controlled Substances Act
, or any rule or order issued with respect 
to these provisions, and disciplinary action is appropriate, the director or director's 
designee shall:
(i)
issue a citation to the individual;
(ii)
attempt to negotiate a stipulated settlement; or
(iii)
(A)
notify the individual that
 the division will commence
 an adjudicative 
proceeding conducted under 
Title 63G, Chapter 4, Administrative Procedures 
Act
, will be commenced 
; 
and
(B)
invite 
the individual 
is invited 
to appear.
(b)
The division may take the following action against an individual who 
is in violation 
of
violates
 a provision described in Subsection 
(4)(a)
, as evidenced by an 
uncontested citation, a stipulated settlement, or a finding of violation in an 
adjudicative proceeding:
(i)
assess a fine of up to $10,000 per single violation or $2,000 per day of ongoing 
violation, whichever is greater, in accordance with a fine schedule established by 
rule; or
(ii)
order to cease and desist from the behavior that constitutes a violation of 
provisions described in Subsection 
(4)(a)
.
(c)
Except for an administrative fine and a cease and desist order, 
the division may not 
assess 
the licensure sanctions cited in Section 
58-1-401
may not be assessed 
through a citation.
(d)
Each citation issued under this section shall:
(i)
be in writing;
(ii)
clearly describe or explain:
(A)
the nature of the violation, including a reference to the provision of the 
chapter, rule, or order alleged to have been violated;
(B)
that the recipient must notify the division in writing within 20 calendar days 
from the day on which the citation is served if the recipient wishes to contest 
the citation at a hearing conducted under 
Title 63G, Chapter 4, Administrative 
Procedures Act
; and
(C)
the consequences of failure to timely contest the citation or pay the fine 
assessed by the citation within the time specified in the citation; and
(iii)
be served in accordance with the requirements of the Utah Rules of Civil 
Procedure.
(e)
(i)
If the individual to whom 
the citation is issued
the division issues the citation
fails to request a hearing to contest the citation within 20 calendar days from the 
day on which the citation is served, the citation becomes the final order of the 
division and is not subject to further agency review.
(ii)
The 
The division may extend the 
period to contest the citation
 may be extended 
by the division 
for cause.
(f)
The division may refuse to issue or renew or suspend, revoke, or place on probation 
the license of an individual who fails to comply with a citation after the citation 
becomes final.
(g)
The failure of an applicant for licensure to comply with a citation after 
it
the citation
becomes final is 
a ground
grounds
 for denial of a license.
(h)
No citation may be issued 
The division may not issue a citation 
under this section 
after the expiration of one year following the date on which the 
division receives the 
report of the 
violation that is the subject of the citation
 is reported to the division
.
(5)
(a)
The director may collect a penalty imposed under this section that is not paid by:
(i)
referring the matter to a collection agency; or
(ii)
bringing an action in the district court of the county where the person against 
whom the penalty is imposed resides or in the county where the office of the 
director is located.
(b)
A county attorney or the attorney general of the state shall provide legal assistance 
and advice to the director in an action to collect a penalty.
(c)
A court shall award reasonable attorney fees and costs to the prevailing party in an 
action brought by the division to collect a penalty.
Section 26, Section 
58-69-302
 is amended to read:
58-69-302. Qualifications -- Licensure as a dentist -- Licensure as a dental 
hygienist.
(1)
An applicant for licensure as a dentist, except as provided in Subsection 
(2)
, shall:
(a)
submit an application in a form 
as prescribed by 
the division
 approves
;
(b)
pay a fee as determined by the department under Section 
63J-1-504
;
(c)
provide satisfactory documentation of having successfully completed a program of 
professional education preparing an individual as a dentist as evidenced by having 
received an earned doctor's degree in dentistry from a dental school accredited by the 
Commission on Dental Accreditation of the American Dental Association;
(d)
pass the National Board Dental Examinations as administered by the Joint 
Commission on National Dental Examinations of the American Dental Association;
(e)
pass any regional dental clinical licensure examination approved by division rule 
made in collaboration with the board and in accordance with 
Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act
;
(f)
pass any other examinations regarding applicable law, rules, or ethics as established 
by division rule made in collaboration with the board and in accordance with 
Title 
63G, Chapter 3, Utah Administrative Rulemaking Act
;
(g)
be able to read, write, speak, understand, and be understood in the English language 
and demonstrate proficiency to the satisfaction of the board if requested by the board;
and
(h)
meet with the board if requested by the board or division for the purpose of 
examining the applicant's qualifications for licensure
.
; and
(i)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (1)(i)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
provides.
(2)
An applicant for licensure as a dentist qualifying under the endorsement provision of 
Section 
58-1-302
 shall:
(a)
be currently licensed in good standing with an unrestricted license in another 
jurisdiction described in Section 
58-1-302
;
(b)
document having met all requirements for licensure under Subsection 
(1)
 except 
Subsection 
(1)(c)
; and
(c)
document having been successfully engaged in clinical practice as a dentist for not 
less than 6,000 hours in the five years immediately preceding the date of application 
for licensure
 in Utah
.
(3)
An
Except as provided in Subsection (4), an
 applicant for licensure as a dental hygienist
, except as set forth in Subsection 
(4)
,
 shall:
(a)
submit an application in a form 
as prescribed by 
the division
 approves
;
(b)
pay a fee as determined by the department pursuant to Section 
63J-1-504
;
(c)
be a graduate holding a certificate or degree in dental hygiene from a school 
accredited by the Commission on Dental Accreditation of the American Dental 
Association;
(d)
pass the National Board Dental Hygiene Examination as administered by the Joint 
Commission on National Dental Examinations of the American Dental Association;
(e)
pass an examination consisting of practical demonstrations in the practice of dental 
hygiene and written or oral examination in the theory and practice of dental hygiene 
as established by division rule made in collaboration with the board;
(f)
pass any other examinations regarding applicable law, rules, and ethics as established 
by rule by division rule made in collaboration with the board;
(g)
be able to read, write, speak, understand, and be understood in the English language 
and demonstrate proficiency to the satisfaction of the board if requested by the board;
and
(h)
meet with the board if requested by the board or division for the purpose of 
examining the applicant's qualifications for licensure
.
; and
(i)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection 
(3)
(i)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
provides.
(4)
An applicant for licensure as a dental hygienist qualifying under the endorsement 
provision of Section 
58-1-302
 shall:
(a)
be currently licensed in another jurisdiction set forth in Section 
58-1-302
;
(b)
(i)
document having met all requirements for licensure under Subsection 
(3)
except, an applicant having received licensure in another state or jurisdiction 
prior to
before
 1962, the year when the National Board Dental Hygiene 
Examinations were first administered, shall document having passed a state 
administered examination acceptable to the division in collaboration with the 
board; or
(ii)
document having obtained licensure in another state or jurisdiction upon which 
licensure by endorsement is based 
by
upon
 meeting requirements 
which
that
were equal to licensure requirements in Utah at the time the applicant obtained 
licensure in the other state or jurisdiction; and
(c)
document having been successfully engaged in practice as a dental hygienist for not 
less than 2,000 hours in the two years immediately preceding the date of application 
for licensure
 in Utah
.
Section 27, Section 
58-70a-302
 is amended to read:
58-70a-302. Qualifications for licensure.
Each applicant for licensure as a physician assistant shall:
(1)
submit an application in a form
 prescribed by
 the division
 approves
;
(2)
pay a fee determined by the department under Section 
63J-1-504
;
(3)
have successfully completed a physician assistant program accredited by:
(a)
the Accreditation Review Commission on Education for the Physician Assistant; or
(b)
if 
prior to
before
 January 1, 2001, either the:
(i)
Committee on Accreditation of Allied Health Education Programs; or
(ii)
Committee on Allied Health Education and Accreditation;
(4)
have passed the licensing examinations required by division rule made in collaboration 
with the board;
(5)
meet with the board and representatives of the division, if requested, for the purpose of 
evaluating the applicant's qualifications for licensure; and
(6)
if the applicant is applying to participate in the PA Licensure Compact under 
Chapter 
70c, PA Licensure Compact
, consent to a criminal background check in accordance with 
Section 
58-70a-301.1
 and any requirements established by division rule made in 
accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(6)
(a)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(b)
meet any other standard related to the criminal background check described in 
Subsection (6)(a), that the division establishes by rule in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act; and
(c)
disclose any criminal history the division requests on a form the division provides.
Section 28, Section 
58-70b-302
 is amended to read:
58-70b-302. Qualifications for licensure.
Each applicant for licensure as an anesthesiologist assistant under this chapter shall:
(1)
submit an application on a form 
established by 
the division
 approves
;
(2)
pay a fee determined by the division under Section 
63J-1-504
;
(3)
provide satisfactory documentation of having graduated from a program certified by the 
Commission on Accreditation of Allied Health Education Programs or the commission's 
successor organization;
(4)
within 12 months of completing the training under Subsection 
(3)
, pass the certification 
exam offered by the National Commission for Certification of Anesthesiologist 
Assistants;
 and
(5)
have the certification described in Subsection 
(4)
 at the time of the application and 
maintain the certification throughout the term of the license
.
; and
(6)
(a)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(b)
meet any other standard related to the criminal background check described in 
Subsection 
(6)(a)
, that the division establishes by rule in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act; and
(c)
disclose any criminal history the division requests on a form the division approves.
Section 29, Section 
58-71-302
 is amended to read:
58-71-302. Qualifications for licensure.
(1)
An
Except as provided in Subsection 
(2)
, an
 applicant for licensure as a naturopathic 
physician
, except as set forth in Subsection 
(2)
,
 shall:
(a)
submit an application in a form 
prescribed by 
the division
 approves
, which may 
include:
(i)
submissions by the applicant of information maintained by practitioner data banks, 
as designated by division rule, with respect to the applicant; and
(ii)
a record of professional liability claims made against the applicant and 
settlements paid by or 
in
on
 behalf of the applicant;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
provide satisfactory documentation of having successfully completed a program of 
professional education preparing an individual as a naturopathic physician, as 
evidenced by having received an earned degree of doctor of naturopathic medicine 
from:
(i)
a naturopathic medical school or college accredited by the Council of 
Naturopathic Medical Education or 
its
the
 successor organization approved by 
the division;
(ii)
a naturopathic medical school or college that is a candidate for accreditation by 
the Council of Naturopathic Medical Education or 
its
the
 successor organization, 
and is approved by the division, upon a finding there is reasonable expectation the 
school or college 
will
shall
 be accredited; or
(iii)
a naturopathic medical school or college which, at the time of the applicant's 
graduation, met current criteria for accreditation by the Council of Naturopathic 
Medical Education or 
its
the
 successor organization approved by the division;
(d)
provide satisfactory documentation of having successfully completed, after 
successful completion of the education requirements 
set forth
described
 in 
Subsection 
(1)(c)
, 12 months of clinical experience in naturopathic medicine in a 
residency program recognized by the division and associated with an accredited 
school or college of naturopathic medicine, and under the preceptorship of a licensed 
naturopathic physician, physician and surgeon, or osteopathic physician;
(e)
pass the licensing examination sequence required by division rule;
(f)
be able to read, write, speak, understand, and be understood in the English language 
and demonstrate proficiency to the satisfaction of the division if requested by the 
division;
 and
(g)
meet with representatives of the division, if requested, for the purpose of evaluating 
the applicant's qualifications for licensure
.
; and
(h)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection 
(1)(h)(i)
, that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves.
(2)
(a)
In accordance with Subsection 
(2)(b)
, an applicant for licensure as a naturopathic 
physician under the endorsement provision of Section 
58-1-302
 shall:
(i)
meet the requirements of Section 
58-1-302
;
(ii)
document having met all requirements for licensure under Subsection 
(1)
 except 
the clinical experience requirement of Subsection 
(1)(d)
;
(iii)
have passed the examination requirements established under Subsection 
(1)(e)
that:
(A)
the applicant has not passed in connection with licensure in another state or 
jurisdiction; and
(B)
are available to the applicant to take without requiring additional professional 
education;
(iv)
have been actively engaged in the practice of a naturopathic physician for not 
less than 6,000 hours during the five years immediately preceding the date of 
application for licensure in Utah; and
(v)
meet with representatives of the division for the purpose of evaluating the 
applicant's qualifications for licensure.
(b)
The division may rely, either wholly or in part, on one or more credentialing 
associations designated by division rule to document and certify in writing to the 
satisfaction of the division that an applicant has met each of the requirements of this 
Subsection 
(2)
, including the requirements of Section 
58-1-302
, and that:
(i)
the applicant holds a current license;
(ii)
the education, experience, and examination requirements of the foreign country or 
the state, district, or territory of the United States that issued the applicant's license 
are, or were at the time the license was issued, equal to those of this state for 
licensure as a naturopathic physician; and
(iii)
the applicant has produced evidence satisfactory to the division of the applicant's 
qualifications, identity, and good standing as a naturopathic physician.
Section 30, Section 
58-71-402
 is amended to read:
58-71-402. Authority to assess penalty -- Penalty deposited into Physician 
Education and Enforcement Fund.
(1)
After 
a 
proceeding 
pursuant to
in accordance with
Title 63G, Chapter 4, 
Administrative Procedures Act
, and 
Title 58, Chapter 1, Division of Professional 
Licensing Act
, the division may impose administrative penalties of up to $10,000 for 
acts of unprofessional conduct or unlawful conduct under this chapter.
(2)
The division shall deposit an administrative penalty imposed under this section into the 
Physician Education and Enforcement Fund created in Section 
58-67a-1
.
(2)
(3)
Assessment of a penalty under this section does not affect any other action the 
division 
is authorized to
may
 take regarding a license issued under this chapter.
Section 31, Section 
58-73-302
 is amended to read:
58-73-302. Qualifications for licensure.
(1)
Each applicant for licensure as a chiropractic physician, other than 
those
an applicant
applying for a license based on licensure as a chiropractor or chiropractic physician in 
another jurisdiction, shall:
(a)
submit an application in a form
 prescribed by
 the division
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
demonstrate satisfactory completion of at least two years of general study in a 
college or university;
(d)
demonstrate having earned a degree of doctor of chiropractic from a chiropractic 
college or university that at the time the degree was conferred was accredited by the 
Council on Chiropractic Education, Inc., or an equivalent chiropractic accrediting 
body recognized by the United States Department of Education and by the division 
rule made in collaboration with the board;
(e)
demonstrate successful completion of:
(i)
the National Chiropractic Boards:
(A)
Parts I and II;
(B)
Written Clinical Competency Examination; and
(C)
Physiotherapy;
(ii)
the Utah Chiropractic Law and Rules Examination; and
(iii)
a practical examination approved by the division in collaboration with the board;
and
(f)
meet with the board, if requested, for the purpose of reviewing the applicant's 
qualifications for licensure
.
; and
(g)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (1)(g)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves.
(2)
Each applicant for licensure as a chiropractic physician based on licensure as a 
chiropractor or chiropractic physician in another jurisdiction shall:
(a)
submit an application in the form
 prescribed by
 the division
 approves
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
demonstrate having obtained licensure as a chiropractor or chiropractic physician in 
another state under education requirements which were equivalent to the education 
requirements in this state to obtain a chiropractor or chiropractic physician license at 
the time the applicant obtained the license in the other state;
(d)
demonstrate successful completion of:
(i)
the Utah Chiropractic Law and Rules Examination; and
(ii)
the Special Purposes Examination for Chiropractic (SPEC) of the National Board 
of Chiropractic Examiners;
(e)
have been actively engaged in the practice of chiropractic for not less than two years 
immediately preceding application for licensure in 
this state; and
Utah;
(f)
meet with the board, if requested, for the purpose of reviewing the applicant's 
qualifications for licensure
.
; and
(g)
(i)
consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in 
Subsection (2)(g)(i), that the division establishes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
provides.
Section 32, 
Repealer.
Background checks.
Criminal background check.
Qualifications for licensure -- Criminal background check.
Qualifications for licensure -- Criminal background check.
Criminal background check.
Criminal background check.
Criminal background check.
Criminal background check.
Criminal background check.
Criminal background check.
Criminal background check.
Criminal background check.
Qualification for licensure -- Criminal background checks.
Section 33. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-27-25 6:14 PM